Gaurav Chaudhary @ Gautam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27869 of 2020 Arising Out of PS. Case No.-79 Year-2018 Thana- DUMRAO District- Buxar ====================================================== GAURAV CHAUDHARY @ GAUTAM Son of Gulab Chandra Chaudhary Resident of Village - Chandrika, P.S.- Basudeopur, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Gupta For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Ashok Kumar, the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Dumroan P.S. Case No. 79 of 2018 for the offence registered under Section 392 of the Indian Penal Code.

The case of the prosecution in brief is that on 11.03.2018, while the informant was returning after collecting money, totalling to a sum of Rs. 1,75,000/-, which was kept in the dickey of his motor bike, four bike borne miscreants had intercepted him and taken away the key of the bike of the informant on pistol

Patna High Court CR. MISC. No.27869 of 2020(2) dt.04-11-2020 2/3 point, whereafter they had fled away with the money kept in the dickey of the bike.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 26.02.2020. It is further submitted that the petitioner has been roped in the present case merely on suspicion inasmuch as his name has been revealed by the co-accused person in his confessional statement made before the police. Lastly, it is submitted that no T.I. Parade has been held so as to connect the petitioner with the alleged crime.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the period of incarceration of the petitioner and the fact that no T.I. Parade has been held so as to connect the petitioner with the alleged crime, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.27869 of 2020(2) dt.04-11-2020 3/3 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dumroan P.S. Case No. 79 of 2018. (Mohit Kumar Shah, J) S.Sb/- U T