Patna High CourtCR. MISC./42039/2023bail granted

Guddu Das @ Guddu Ram @ Guddu Kumar v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42039 of 2023 Arising Out of PS. Case No.-38 Year-2021 Thana- DESARI District- Vaishali ====================================================== GUDDU DAS @ GUDDU RAM @ GUDDU KUMAR S/O SURESH RAM R/O Village- Aajampur (Azampur), P.S- Desari (O.P Chandpura), Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rina Sinha For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Desari P.S. Case No. 38 of 2021 dated 5.2.2021 registered for the offence punishable u/s 395 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have entered the house of the informant and they took the key of Godrej Almirah and took away Rs. 6 lakh, golden chain and mangalsutra and jhumka on

Patna High Court CR. MISC. No.42039 of 2023(2) dt.25-07-2023 2/3 the point of pistol.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The co-accused persons have already been granted bail by the learned District Court, Vaishali at Hajipur. The petitioner is accused in 12 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 22.4.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Desari P.S. Case No. 38 of 2021 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.42039 of 2023(2) dt.25-07-2023 3/3 cause, the bail bonds of the petitioner are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T