Patna High CourtCR. MISC./24760/2023allowed

Guddu Kumar v. The State Of Bihar

2023-05-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24760 of 2023 Arising Out of PS. Case No.-51 Year-2022 Thana- SONBERSA District- Sitamarhi ====================================================== GUDDU KUMAR SON OF RAM BAHADUR RAY R/O VILLAGEBASATPUR, P.S.- SONBARSA, DISTRICT- SITAMARHI (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 399, 402, 414 of the Indian Penal Code and sections 25(1-b)a, 26, 35 of the Arms Act.

Prosecution case relates to gathering of antisocial elements for hatching a conspiracy. Acting on a tip off, police party proceeded towards the place of occurrence and apprehended two accused persons. On search, one country made loaded katta and one cartridge of 8 m.m., knife along with a mobile phone was recovered from their possession. They disclosed the name of the petitioner as one of his associates, who managed to escape.

Patna High Court CR. MISC. No.24760 of 2023(2) dt.22-05-2023 2/2 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Save and except confession of apprehended accused, no consistent material has come during investigation to show the involvement of the petitioner in the present case. He was not arrested on spot. Petitioner has been remanded in this case from another case and languishing in judicial custody since 19.2.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to 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 Judicial Magistrate 1st, Sitamarhi in connection with Sonbarsa P.S. Case No. 51 of 2022.

(Sunil Kumar Panwar, J) sushma/- U