Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28088 of 2025 Arising Out of PS. Case No.-290 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Guddu Kumar son of Kailash Yadav Resident of Village -Jurabganj PS -Kodha District -Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raju Kumar, Adv.
For the Opposite Party/s :
Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sugauli P.S. Case No. 290 of 2023 instituted for the offences under Sections 356, 379, 411 of the Indian Penal Code.
3. As per prosecution case, two miscreants riding on a motorcycle came behind the Informant and snatched her cash, cheque-book and a Vivo company mobile and fled away.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to highhandedness of the police. The petitioner is not named in the F.I.R. and his name has surfaced in this case in course of
Patna High Court CR. MISC. No.28088 of 2025(2) dt.12-05-2025 2/3 investigation. The petitioner was arrested and his confessional statement was recorded which has no evidentiary value in the eye of law. The petitioner was not arrested on spot and nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has one criminal antecedent in which he is on bail and is languishing in judicial custody since 23.11.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the police has recovered the looted Cheque-Book from the possession of the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sugauli P.S. Case No. 290 of 2023, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.
Patna High Court CR. MISC. No.28088 of 2025(2) dt.12-05-2025 3/3 (ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J) rishi/- U T