Gaurav Singh@ Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40746 of 2021 Arising Out of PS. Case No.-572 Year-2019 Thana- GARKHA District- Saran ====================================================== Gaurav Singh@ Gaurav Kumar Son Of Dilip Kumar Singh @ Jagat Singh Resident Of Village - Naudihan, Govind Chak, P.S.- Sonepur, Distt.- Saran ... Petitioner

Versus

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

For the Petitioner :

Mr.Manish Chandra Gandhi, Advocate For the Opposite Party :

Mr.PK Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-10-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per the prosecution case, while the informant was returning to his house after withdrawing Rs. 1 lac, two motorcycle borne unknown miscreants snatched the cash on the point of pistol and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Test Identification Parade has not been carried out till date. Petitioner's name has figured during course of investigation in confessional statement of co-accused Sonu Kumar who has already been allowed bail by a co-ordinate bench of this Court vide Annexure 2. Petitioner is in custody since 22.3.2021.

Learned counsel appearing for the State opposes the

Patna High Court CR. MISC. No.40746 of 2021(2) dt.08-10-2021 2/2 prayer for bail.

Considering the facts and circumstances of the case, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Saran at Chapra in Garkha Police Station Case No. 572 of 2019 on the following conditions:-

(1) Petitioner shall co-operate 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T