Gaurabh Kumar @ Gaurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58623 of 2017 ====================================================== GAURABH KUMAR @ GAURAV KUMAR S/o Navin Singh, R/o Village- Dhanwara, P.S.- Akbarpur, District- Nawada. ... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Tewary For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody since 20.09.2017 in connection with Ghogharpur P.S. Case No. 92 of 2017 for the offence registered under Sections 379, 414 and 420/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the entire allegation is vague and the blame of recovery of the ATM card which was in the name of Kiran Kumari could not be saddled on the shoulder of the petitioner as the first information report does not indicate that from whom the recovery was made. It is further submitted that the petitioner has been in custody for more than three months and he may be released on bail. Considering the aforesaid facts and circumstances of
Patna High Court Cr.Misc. No.58623 of 2017 (2) dt.12-12-2017 2/3 the case and on perusal of the seizure list and also the first information report, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Madhubani in connection with Ghoghardiha P.S. Case No. 92 of 2017, subject to the conditions:-
(1) One of the bailors will be his own relative, namely, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to
Patna High Court Cr.Misc. No.58623 of 2017 (2) dt.12-12-2017 3/3 move for cancellation of bail.
(Anjana Mishra, J) Jagdish/- U T