Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25979 of 2023 Arising Out of PS. Case No.-586 Year-2022 Thana- GORAUL District- Vaishali ====================================================== GAUTAM KUMAR SON OF SUDHIR KUMAR R/O VILLAGEMALIKPURA, P.S.- GORAUL IN THE DISTRICT OF VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Goraul P.S. Case No. 586 of 2022 dated 29.11.2022 registered for the offences punishable u/s 395 of the Indian Penal Code.

As per the prosecution case, five unknown miscreants boarded on two motorcycles intercepted the informant's motorcycle and took away the key of his motorcycle, jewellery worth Rs. 4-5 lakhs, Rs. 60,000/- in cash, Adhar Card, Pan Card and ATM card on the point of pistol and they fled away.

Patna High Court CR. MISC. No.25979 of 2023(2) dt.23-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the coaccused Akrit Kumar and Anish Kumar. Nothing has been recovered form the conscious possession of the petitioner. The petitioner is also accused in two other criminal cases in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 01.01.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Goraul P.S. Case No. 586 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T