Patna High CourtCR. MISC./51620/2017bail granted

Gautam Kumar v. The State Of Bihar

2017-12-01Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51620 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -BIHARSHARIF RAIL P.S. District- PATNA ======================================================

1. Gautam Kumar Son of Ashok Prasad Resident of village- Chane @ Chare, P.S.- Korma, District- Shekhpura (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhim Kumar Yadav For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-12-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with G.R.P. Biharsharif P.S. Case No. 10 of 2017 dated 23.06.2017 instituted for the offences under Sections 147, 148, 149, 341, 342, 325, 307, 353, 333, 379, 427 and 436 of the Indian Penal Code, Section 27 of the Arms Act, 3/4 of the Prevention of Damage of Public Property act and Sections 145, 146, 147, 150 and 153 of the Railway Act.

The petitioner is not named in the F.I.R. However, the allegation, in the F.I.R., is against a large number of persons who had congregated at the place of occurrence and had obstructed in the discharge of official duty of the police and also damaged railway property.

Patna High Court Cr.Misc. No.51620 of 2017 (4) dt.01-12-2017 2/2 Regard being had to the fact that the petitioner is not named in the F.I.R. and his complicity was discerned only during the course of investigation and the period of custody of the petitioner which is from 23.06.2017 and further taking into consideration that apart from the connected case, viz. Bihar P.S. Case No. 351/2017 and the present case, the petitioner is not involved in any other case uptill now and that other similarly situated co-accused persons have been granted bail by different Benches of this Court, this Court is inclined to grant bail to him. The petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate (A.C.J.M., Railway), Patna in connection with G.R.P. Biharsharif P.S. Case No. 10 of 2017. (Ashutosh Kumar, J.) Rakhi U T