Gautam Kumar @ Gautam Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20872 of 2022 Arising Out of PS. Case No.-291 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== Dashrath Kumar Sony @ Dashrath Kumar Son Of Dhrup Sah @ Dhrup Prasad Resident Of Village - Parsauni, P.O.- Nauwa Dih, P.S.- Paharpur, Distt.- East Champaran.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 24409 of 2022 Arising Out of PS. Case No.-291 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== Gautam Kumar @ Gautam Kumar Yadav Son Of Suresh Yadav R/O VillageBagha Chowk Saraiya, Baghachaur, P.S.- Tareya Sujan, Khushinagar, DistrictKhushinagar, State- Uttar Pradesh ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 20872 of 2022) For the Petitioner/s :

Mr.Sanchay Srivastava For the Opposite Party/s :

Mr.Anil Kumar (In CRIMINAL MISCELLANEOUS No. 24409 of 2022) For the Petitioner/s :

Mr.Sanchay Srivastava For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

Patna High Court CR. MISC. No.20872 of 2022(4) dt.04-01-2023 2/3 As per the prosecution case, six miscreants on the point of pistol looted the cash of the informant. The informant suspects the hands of co-accused Chitranjan Sharma and his associates.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The petitioners are not named in the F.I.R and their names transpired during the course of investigation in the confessional statement of co-accused. No incriminating article has been recovered from the possession of the petitioners and till date, they have not been put on T.I.P. Moreover, other similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court vide order dated 10.05.2022 passed in Cr. Misc. No. 1222 of 2022. The petitioners are in custody since 01.09.2021.

Considering the facts stated above and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.20872 of 2022(4) dt.04-01-2023 3/3 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatia P.S. Case No. 291 of 2021. (Sunil Kumar Panwar, J) Shageer/- U T