Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36011 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- OBRA District- Aurangabad ====================================================== Guddu Kumar S/o Karu Bhuiyan @ Karu Bhuiya R/o vill - Bhuiyan Bigha, P.s. - Obra, Distt. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Obra P.S. case No. 45 of 2024 instituted for the offences under Sections 461, 379 of the Indian Penal Code.

3. Prosecution case, in short, is that, paddy from the godown of the informant was being stolen, as such, the informant installed CCTV camera in his godown. It is further alleged that a tempo was seen in the CCTV footage and on that basis the accused persons including this petitioner was arrested.

Patna High Court CR. MISC. No.36011 of 2024(2) dt.15-05-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case merely on the fact that the tempo which was seen the CCTV footage belongs to this petitioner. Learned counsel further submitted that petitioner has no concern with the alleged offence, as a matter of fact, this petitioner was unaware of the fact that his vehicle was being used in the alleged offence. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that the recovery of the stolen paddy has been made from the shop of co-accused Pramod Kumar. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.02.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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

Patna High Court CR. MISC. No.36011 of 2024(2) dt.15-05-2024 3/3 below/concerned Court in connection with Obra P.S. case No. 45 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T