Krishna Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53348 of 2016 Arising Out of PS.Case No. -1133 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Krishna Kumar Gupta Son of Late Suresh Prasad Gupta resident of Mohalla : Dalelganj, Police Station : Sasaram (Town), District - Rohtas .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 04.10.2016 in connection with Sasaram Town (Darigaon) P.S. Case No. 1133 of 2016 registered for the offence punishable under Sections 392 and 411 of the Indian Penal Code. The prosecution case is that on 03.10.2016 at 2:30 P.M. while the informant, after performing puja at Tarachandi temple went to Kaimur Pahari for roaming and parked his motorcycle, four miscreants armed with dagger surrounded him and snatched his mobile, golden chain with locket and Rs. 5,000/-. Thereafter, with the help co-villagers, the petitioner and one another were apprehended and on search by the informant from the pocket of the petitioner a gold locket was recovered, but the other two miscreants taking the looted money managed to escape.

Patna High Court Cr.Misc. No.53348 of 2016 (2) dt.21-12-2016 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case, as he had also gone to the temple where the petitioner had gone and there was hot exchange of words. It has further been submitted that the informant himself brought the gold locket, which is alleged to have been stolen by the petitioner and nothing incriminating has been found from the conscious possession of the petitioner. He submits that petitioner has no criminal history and the informant has brought the stolen articles himself which are part of the seizure list.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, considering the facts and circumstances and the nature of allegation, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram Town (Darigaon) P.S. Case No. 1133 of 2016.

(Nilu Agrawal, J.) Arjun/- U T