Patna High CourtCR. MISC./40416/2024bail granted

Gaurav Kumar v. The State Of Bihar

2024-09-06Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40416 of 2024 Arising Out of PS. Case No.-86 Year-2024 Thana- BARBIGHA District- Sheikhpura ====================================================== Gaurav Kumar S/o- Mahesh Prasad Vill- Jhaur Ps- Warsaliganj Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S. Rizwanul Haque, Advocate For the Opposite Party/s :

Mr. Umesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Barbigha P.S. Case No. 86 of 2024, instituted for the offences punishable under Sections 419, 420, 467, 468 and 120B of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons has cheated several persons in the name of sanctioning of loan and in many other ways. The petitioner was arrested along with a Scorpio vehicle by the police near HDFC ATM.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.40416 of 2024(5) dt.06-09-2024 2/3 possession of the petitioner. Learned counsel for the petitioner further submits that there is no specific allegation attributed towards the petitioner. The allegations levelled against the petitioner is general and omnibus in nature. The mother of the petitioner is the owner of the Scorpio vehicle which was recovered from the spot. The petitioner is in custody since 11.03.2024 and has got no criminal antecedent.

5. Learned APP 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 and taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barbigha P.S. Case No. 86 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.40416 of 2024(5) dt.06-09-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T