Gaurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40891 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- MOKAMAH District- Patna ====================================================== Gaurav Kumar, Son of Binod Kumar Yadav, Resident of Village- Gurudeo Tola Mokama, Ward No. 2, P.S. - Mokama, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-07-2023 Heard the learned counsel for the petitioner and learned APP for the State.
This application has been filed for grant of regular bail in connection with Mokama P.S. Case No. 102 / 2023 registered for the offence under Section 395 of the Indian Penal Code.
As per the prosecution case, the allegation against the petitioner is that he intercepted the informant, namely, Chandan Kumar on the point of dagger and snatched all his belongings. Learned counsel for the petitioner submits that the name of the petitioner implicated in this case during the investigation on the basis of confessional statement of other coaccused, namely, Rohit Kumar. There is no recovery from the possession or from the house of the petitioner. The petitioner has
Patna High Court CR. MISC. No.40891 of 2023(2) dt.14-07-2023 2/2 not been put on test identification parade and except the confessional statement of the petitioner there is nothing material against the petitioner. He has one criminal antecedent. Charge sheet has already been submitted in this case and there is no chance of absconding of the petitioner or tampering with the evidence. Petitioner is in jail custody since 18.03.2023. Learned APP for the State has vehemently opposed the prayer of bail.
Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, 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 learned ACJM-III, Barh, District - Patna in connection with Mokama P.S. Case No. 102 of 2023.
(Sunil Dutta Mishra, J) saurabhkr/- U T