Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33607 of 2020 Arising Out of PS. Case No.-186 Year-2020 Thana- MAHESI District- East Champaran ====================================================== GUDDU KUMAR S/o Bali Sahni R/o village- Sundarpur, P.S.- Kesariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 457, 380 of the Indian Penal Code. Prosecution allegation, in short, is that the accused persons stolen the jewellery and cash from the house of the informant.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.33607 of 2020(2) dt.15-12-2020 2/2 the petitioner is in custody since 26.6.2020 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in course of investigation on the basis of statement of police spy. The petitioner has not been put on T.I.P. to ascertain his participation in the present case. There is no recovery of any incriminating articles from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned A.C.J.M. -5th Motihar, East Champaran in connection with Mehsi (Jai Bajarang O.P.) P.S. Case No. 186 of 2020. (Sudhir Singh, J) Pankaj/- U T