Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36338 of 2017 Arising Out of PS.Case No. -182 Year- 2016 Thana -BACHWARA District- BEGUSARAI ====================================================== Gopal Kumar Son of Sanjeev Kumar Resident of Village - Malhipur (Bishanpur), O.P. - Chakiya, P.S. - Barauni, District - Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Rakesh Kumar Sharma, Advocate. For the Opposite Party/s : Mr. Iftekhar Mahmood, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is seeking regular bail in Bachhwara P.S. Case No. 182 of 2016 registered under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that according to the First Information Report three persons forcibly took possession of the vehicle of the informant, drove him towards Tilrath village and, at one lonely place, the informant was confined by tying of his legs and hands. All the three accused took away the vehicle and the mobile phone which are mentioned in the First Information Report. Learned counsel submits that the name of the petitioner has transpired in the confessional statement of the co-accused Kanhai Kumar and from perusal of the impugned order

Patna High Court Cr.Misc. No.36338 of 2017 (2) dt.10-08-2017 2/2 it would appear that in this case police has already submitted charge sheet against the petitioner and other six accused. In the impugned order it has also come that three charge sheeted accused including said Kanhai Kumar have been granted regular bail by the court below. Learned counsel further submits that there are three other cases against the petitioner but in all those cases he is on bail. His submission is that it is a case of false implication. Learned A.P.P. for the State opposed the prayer for bail.

Considering the facts and circumstances, particularly that charge sheet has already been submitted in the present case and three charge sheeted accused have been granted regular bail by the court below, let the petitioner, namely, Gopal Kumar, be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge VII-cum-ACJM VI, Begusarai in connection with Bachhwara P.S. Case No. 182 of 2016, subject to the conditions as laid down under Section 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Dilip, AR U T