Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22636 of 2025 Arising Out of PS. Case No.-77 Year-2024 Thana- BHAGWANPUR District- Begusarai ====================================================== Gautam Kumar Son of Ashok Kumar Resident of Village - Dahiyalpur (Tola Par), P.S. - Teghra, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Kashyap, Adv.

For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State

2. The petitioner seeks bail in connection with Bhagwanpur PS Case No. 77 of 2024 GR No. 1124 of 2024, registered for offences punishable under Sections 392 of the Indian Penal Code.

3. The prosecutions case, in short, is that on 22.03.2024 at about 6:30 P.M., while the informant, Ravi Kumar Sah, was returning home from duty on his bicycle, he was intercepted near Chhatritol Chowk by two unidentified persons riding a Splendor motorcycle. One of the assailants pointed a pistol at the informant, demanding money and threatening to kill him. During the course of the occurrence, the miscreants forcibly snatched away the informant's black- coloured Vivo

2/4 mobile phone and fled away from the scene on their motorcycle..

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the petitioner is not named in the First Information Report (FIR) and has been implicated only on the basis of suspicion. It is further submitted that the petitioner was initially arrested in connection with Bachwara P.S. Case No. 86 of 2024, during the course of which he is alleged to have made a confessional statement implicating himself in the present case. On the basis of the said statement, the petitioner was remanded in the instant case on 12.09.2024. Learned counsel further submits that nothing incriminating has been recovered either from the conscious possession of the petitioner or from his house.

Moreover, no Test Identification Parade (TIP) has been conducted till date. It is submitted that apart from the petitioner's alleged confessional statement, there is no other cogent material on record to connect him with the offence. It is also submitted that the petitioner has three other criminal cases pending against him and is in custody since 12.09.2024.The charge sheet in the present case has already been submitted.

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5. Learned A.P.P. has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Begusarai, in connection with Bhagwanpur PS Case No.

4/4 first week of each month till the framing of charge in this case.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T