Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24388 of 2019 Arising Out of PS. Case No.-162 Year-2018 Thana- PHULWARIA District- Begusarai ====================================================== GUDDU KUMAR Son of Birendra Rai, Resident of Village- Keota, Ward No.-2, P.S.- Dalsingsarai, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-04-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Phulwaria P.S. Case No. 162/2018, instituted for offence under Section(s) 392 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner is not named in the written report. There is no recovery of any incriminating article from possession of this petitioner. No T.I.P. has been held in this case. Name of this petitioner has come during investigation after he was arrested in Dalsingsarai P.S. Case No. 360/2018. Police recorded the confessional statement of petitioner in that case and thereafter remanded him in the instant case.

It is alleged in the written report that on the date of

Patna High Court CR. MISC. No.24388 of 2019(2) dt.16-04-2019 2/2 occurrence while the vehicle of informant was returning from Jehanabad then near Sakhti Petrol Pump one pick-up van stopped in front of the vehicle of informant. One person came down from Pulsar Motorcycle and at the point of pistol took the vehicle of informant.

Learned counsel for the petitioner has submitted that in fact the looted vehicle was seized in front of the house of one Rohit Kumar on the basis of confessional statement of petitioner.

Petitioner is in custody since 01.12.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. 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 Judicial Magistrate 1st, Begusarai, in connection with Phulwaria P.S. Case No. 162/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T