Gautam Kumar @ Pawel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32510 of 2021 Arising Out of PS. Case No.-90 Year-2020 Thana- RAJAPAKAR District- Vaishali ====================================================== Gautam Kumar @ Pawel, S/o Amar Das, R/o village-Daulatpur, Dewariya, P.S.- Hajipur (Sadar), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakil Ahmad Khan, Advocate For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-01-2022 The matter has been listed today for consideration through video conferencing.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Raja Pakar P.S. Case No.90 of 2020 registered for the offence punishable under Sections 392, 395 and 412 of the Indian Penal Code.

Thirty thousand rupees has been looted from the informant while he was returning after making withdrawal from the Bank.

It is submitted by the petitioner's counsel that based on such loot, two cases were lodged. Petitioner was named accused in Raja Pakar P.S. Case No.99 of 2020, based on

Patna High Court CR. MISC. No.32510 of 2021(4) dt.10-01-2022 2/3 recovery of Aadhaar card of the pillion rider of the instant informant. The petitioner thereafter has been remanded in this case though there is no recovery of any looted money from the petitioner. He is already on bail, as per the submission of the petitioner's counsel, in Raja Pakar P.S. Case No.99 of 2020. The petitioner is not named in the instant case.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XIII, Vaishali at Hajipur, in connection with Raja Pakar P.S. Case No.90 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor

Patna High Court CR. MISC. No.32510 of 2021(4) dt.10-01-2022 3/3 will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T