Gaurav Singh @ Gaurav Kr. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51574 of 2017 Arising Out of PS.Case No. -235 Year- 2015 Thana -RANIGANJ District- ARRARIA ====================================================== Gaurav Singh @ Gaurav Kr. Singh son of Ram Kishore Singh, Resident of Village- Tamghati, Police Station- Bousi, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-11-2017 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 392/411 of the Indian Penal Code.

On robbing of the motorcycle of the informant, the FIR was registered against unknown. The name of the petitioner subsequently sprang up in the confession of coaccused Nitesh Kumar Singh. On the basis of confession of Nitesh Kumar Singh the motorcycle was recovered from the bamboo orchard of Navin Kumar.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.51574 of 2017 (2) dt.09-11-2017 2/3 petitioner that except the confession of Nitesh Kumar Singh there is nothing against the petitioner. Nitesh Kumar Singh has named seven persons as his associates and the petitioner's name figures at 7th position. The petitioner is a co-villager of Nitesh Kumar Singh and that's why due to the grudge he has named him. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Moreover, no recovery has been made from the petitioner.

Considering the fact that name of the petitioner sprang up on the confession of co-accused Nitesh Kumar Singh when recovery has not been made from the petitioner coupled with the statement that the petitioner has no criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 235 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The petitioner will regularly co-operate in the investigation. The non-cooperation in investigation will give

Patna High Court Cr.Misc. No.51574 of 2017 (2) dt.09-11-2017 3/3 liberty to the prosecution to file appropriate application for cancellation of the bail of the petitioner.

(Dinesh Kumar Singh, J) DKS/- U T