Guddu Kumar @ Guddu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30424 of 2021 Arising Out of PS. Case No.-212 Year-2017 Thana- CHAPRA TOWN District- Saran ====================================================== GUDDU KUMAR @ GUDDU MAHTO S/o Ganesh Prasad Residence of Mohalla- Mouna, Ahirtoli, P.S.- Chapra Town, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Chapra Town P.S. Case No. 212/2017 registered for the offences punishable under Section 392 of the Indian Penal Code 1860. The allegation, as per the First Information Report, is that three unknown criminals intercepted the informant and on gun point snatched a sum of Rs.18,000/-.

Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and he has been made accused in this case on the basis of self inculpatory confessional statement. Learned counsel further submits that the petitioner has not been put on Test Identification parade and no looted article/money has been

Patna High Court CR. MISC. No.30424 of 2021(6) dt.07-04-2022 2/2 recovered from his possession. The petitioner is in custody since 9.2.2018.

This Court vide order dated 23.2.2022 had called for a report from the trial court regarding stage of trial and in pursuance thereof, the report of learned I/C. Judicial Magistrate 1st Class, Saran at Chapra, is on record and from perusal of the same, it appears that charges have not been framed by the trial court.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 9.2.2018 i.e. for about more than four years and charges have not been framed by the Trial Court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Town P.S. Case No. 212 of 2017.

(Anil Kumar Sinha, J) S.Ali/- U T