Patna High CourtCR. MISC./36587/2019bail granted

Prakash Gupta v. The State Of Bihar

2019-09-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36587 of 2019 Arising Out of PS. Case No.-375 Year-2018 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== PRAKASH GUPTA Son of Babulal Gupta Resident of Village - Subhash Nagar Ward No. 8, Saiyadraja, P.S.- Saiyadraja, Distt - Chandauti, (U.P.) ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Uday Pratap Singh, Advocate For the Opposite Party :

Mr.Kumar Ranjit Ranjan, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner, the State as well as perused the case diary.

Petitioner is an accused in a case registered for the offence under sections 356, 379, 395 and 412 of the Indian Penal Code.

It is alleged that two motorcycle borne miscreants snatched the bag of the informant containing cash amount of Rs.1,02,450/-, Aadhar card, Pan card, Biometric machine etc. Petitioner has been implicated in this case on his own confession.

Learned counsel for the petitioner submits that there is no recovery of incriminating material from the petitioner's possession, no test identification has been conducted so far and except one case mentioned in paragraph 3 of the bail petition he is not accused in any other case. Petitioner has been remanded

Patna High Court CR. MISC. No.36587 of 2019(3) dt.04-09-2019 2/2 in this case on 2.3.2019. Similarly situated co-accused Jafar Ali has already been allowed bail by a bench of this Court vide order dated 16.7.2019, passed in Cr.Mis.No. 32139 of 2019. Considering the facts of the case, let the petitioner, above named, be released 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 Chief Judicial Magistrate, Kaimur at Bhabua in Durgawati Police Station Case No. 375 of 2018, subject to the condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) Shashi U T