← Library
Patna High CourtCR. MISC./16982/2023allowed

Guddu Kumar @ Guddu Yadav @ Guddu Kumar Yadav v. The State Of Bihar

2023-06-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15982 of 2023 Arising Out of PS. Case No.-11 Year-2020 Thana- PARBATTA District- Bhagalpur ====================================================== BHIM MAHTO @ SANTOSH @ RAKESH @ SANJEEV KUMAR Son of Naresh Prasad @ Naresh Mahto R/V- Dhargahi, Tola Lamuabad, P.SPandarak Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 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 but charge sheet has been submitted u/s 395 & 412 of the I.P.C.

As per FIR, prosecution case relates to snatching of informant's belongings as well as ATM card, PAN card & cash of Rs. 2500/- by intercepting him while he was going with his car.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the petitioner was put on TI Parade till date nor any stolen article has been

Patna High Court CR. MISC. No.15982 of 2023(2) dt.10-05-2023 2/2 recovered from his conscious possession. The name of the petitioner has transpired in this case on the basis of confessional statement of co-accused namely, Dharmendra Kumar who is already getting the privilege of bail granted by a co-ordinate Bench of this court vide order dated 8.12.2021 passed in Cr. Misc. No. 37708 of 2021 and in support of this Annexure-2 has been annexed with this petition. It is further submitted that the petitioner is languishing in judicial custody since 16.9.2022. 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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Parbatta P.S. Case No. 11 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Naugachia, Dist- Bhagalpur.

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