Guddu Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17903 of 2019 Arising Out of PS. Case No.-376 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== GUDDU MEHTA Son of Arun Kumar @ Arun Mehta Resident of MohallaShahpur, P.S-Aurangabad (T), District-Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code. Prosecution case, in short, is that the accused persons on the point of pistol took away jewellary and cash amount from the shop of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 4.1.2019. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name

Patna High Court CR. MISC. No.17903 of 2019(3) dt.14-05-2019 2/2 of the petitioner has transpired on the basis of confession of coaccused. The petitioner has not been put on T.I.P. There is no recovery of any incriminating articles from the possession of the petitioner. Other co-accused has been granted bail vide Cr. Misc. No. 21379 of 2019.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (T) P.S. Case No. 376/2018.

(Sudhir Singh, J) Pankaj/- U T