Sandip Kumar @ Gabbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20300 of 2024 Arising Out of PS. Case No.-330 Year-2023 Thana- KASHICHAK District- Nawada ====================================================== SANDIP KUMAR @ GABBAR Son of Chandrika Paswan Resident of Village-Bahadurpur, Police Station-Kasar, District-Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-04-2024 Heard Mr. Birendra Kumar, learned counsel appearing on behalf of the petitioner and Mr. Gauri Shankar Gupta, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Kashichak P.S. Case No. 330 of 2023 registered for the offence(s) punishable under Sections 364 and 365 of the Indian Penal Code.

3. As per the allegation made in the FIR, informant came to know from the footage of CCTV camera that four unknown persons have forcibly abducted his Munshi.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in the FIR and his name has surfaced in this case on the basis of confessional statement of co-accused Tripurari Kumar and confessional statement made before police has no evidentiary value.

Patna High Court CR. MISC. No.20300 of 2024(2) dt.04-04-2024 2/2 Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail and submits that though the petitioner is not named in the FIR, as FIR is against unknown, but during course of investigation, his name came into light, as all accused persons, who were arrested, had disclosed his name as one of their accomplices in the said offence.

6. Considering the aforesaid submission made on behalf of the parties, the petitioner, if so advised, may surrender before the District Court and seek regular bail. In case, the District Court, after obtaining the CCTV footage, finds that the petitioner was present at the time of alleged incident, then in that case, the District Court is directed to consider the bail application of the petitioner on the same day, considering the fact that name of the petitioner has surfaced in this case on the basis of co-accused Tirpurai Kumar, and pass necessary order on the basis of material which has come in course of investigation.

7. The present petition stands disposed of.

(Purnendu Singh, J) Sanjay/- U T