Gunjan Kumar @ Anda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30746 of 2024 Arising Out of PS. Case No.-155 Year-2023 Thana- ALIPUR District- Gaya ====================================================== Gunjan Kumar @ Anda Son of Ajgut Yadav @ Yogendra Yadav Resident of Village - Gorari, P.S.- Konch, District - Gaya (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Alipur P.S. Case No.155 of 2023 registered for the offence under Sections 414 of the Indian Penal Code.

3.

Allegation against the petitioner is to have in possession of a stolen motorcycle.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been

Patna High Court CR. MISC. No.30746 of 2024(2) dt.19-04-2024 2/3 implicated in the present case, where, petitioner was not named in the FIR and his name surfaced on the basis of other coaccused person, namely, Upendra Yadav. It is submitted that nothing incriminating has been recovered from possession of this petitioner. It is submitted that similarly situated co-accused person has already been granted bail by this Court through Cr. Misc. No.15594 of 2024 on 12.03.2024. It is further submitted that petitioner is in custody since 04.01.2024. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Alipur P.S. Case No.155 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, VIth, Gaya.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be

Patna High Court CR. MISC. No.30746 of 2024(2) dt.19-04-2024 3/3 released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T