Guddu Patel @ Prem Kumar Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49748 of 2021 Arising Out of PS. Case No.-50 Year-2019 Thana- RAXAUL RAIL P.S. District- West Champaran ====================================================== GUDDU PATEL @ PREM KUMAR PATEL Son of Late Swaminath Patel Resident of Village - Mishra Toli Ward No.- 4, Dankan Road P.S.- Raxaul (Haraiya O.P.), District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr.Md. Shakir Ahmad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State Petitioner seeks regular bail in connection with Raxaul G.R.P. P.S. Case No. 50/2019 registered for the offences punishable under Section 394 of the Indian Penal Code and subsequently Sections 414 and 411 of the Indian Penal Code were added.
The allegation, as per the First Information Report, is that four unknown criminals looted away cash of Rs.42,000/-, and one Samsung Mobile Phone from the informant on the gun point.
Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and he has been made accused in this case on the basis of his
Patna High Court CR. MISC. No.49748 of 2021(3) dt.05-05-2022 2/3 confessional statement recorded in Raxaul P.S. Case No. 414/2019. He further submits that no looted article and/or cash has been recovered from possession of the petitioner. The petitioner is in custody since 14.2.2020 and charge sheet has already been submitted. He next submits that other co-accused persons have been granted bail by co-ordinate Benches of this Court in Cr. Misc. 33990 of 2020 and 39878 of 2020 respectively.
Regards being had to the submissions made by the parties and taking into consideration the materials on record, the fact that no incriminating and/or looted article has been recovered from possession of the petitioner, he is in custody since 14.2.2020, charge sheet has already been submitted, the petitioner has not been put on Test Identification Parade and other co-accused persons have been granted bail by co-ordinate Benches of this Court, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Railway, Bettiah, West Champaran, in connection with Raxaul G.R.P.
Patna High Court CR. MISC. No.49748 of 2021(3) dt.05-05-2022 3/3 P.S. Case No. 50/2019 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
(Anil Kumar Sinha, J) S.Ali/- U T