Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15622 of 2023 Arising Out of PS. Case No.-220 Year-2022 Thana- SARMERA District- Nalanda ====================================================== Gaurav Kumar Son Of Mukesh Kumar Sharma @ Mukesh Kumar R/VNizamuddinpur P.S- Jehanabad Dist- Jehanabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per prosecution case, informant alleged that on 13.09.2022, while informant along with his khalasi was returning home from Biharsarif and when they reached near Goplabad, one Scorpio vehicle overtook and stopped them and on pistol point tied their hands and legs and threw them in a ditch and fled away with pickup van.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.15622 of 2023(2) dt.28-04-2023 2/2 falsely been implicated in this case merely on the basis of suspicion. Neither the petitioner is named in the FIR nor he has been put on TIP. He has got no criminal antecedent. It is further submitted that no any looted article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 26.09.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sarmera P.S. Case No. 220 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Nalanda at Biharsharif.

(Sunil Kumar Panwar, J) Manish/- U T