Gopal Prasad @ Gopal Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29938 of 2020 Arising Out of PS. Case No.-55 Year-2016 Thana- HULASGANJ District- Jehanabad ====================================================== Gopal Prasad @ Gopal Chauhan Son of Late Ganpati Chauhan Resident of Village- Mahmadpur, P.S.- Khijarsaray, District.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Srivastava, Adv.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed instant application for regular bail in connection with Hulasganj P.S. Case No.55 of 2016 registered for the offence punishable under section 392 of the Indian Penal Code. As per allegation in the FIR, the four accused persons entered the house of the informant and on the point of arms were searching for the rifle, which as per the informant he did not owned. They took away various articles as stated in the FIR. It is stated by learned counsel for the petitioner that the petitioner has no connection with the alleged occurrence and he has not been put on T.I. Parade. His name transpired in course of investigation when the CDR report of the alleged stolen mobile was traced and as per the investigating officer, the same was being used by this petitioner. It is submitted that the mobile found with the

Patna High Court CR. MISC. No.29938 of 2020(3) dt.06-01-2021 2/2 petitioner is owned by him and at best,accepting the allegations for the sake of argument, the case against him would be of assisting in concealing of stolen property. The petitioner is in custody since 0806-2020 and charge sheet has been submitted in this case. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties, and taking into consideration the fact that the petitioner has not been put on TI Parade and is in custody since 08.06.2020, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail in connection with Hulasganj P.S. Case No.55 of 2016 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Jehanabad. (Partha Sarthy, J) Prakash Narayan /- U T