Patna High CourtCR. MISC./46158/2018bail granted

Guddu Kumar @ Guddu Paswan v. The State Of Bihar

2018-09-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46158 of 2018 Arising Out of PS.Case No. -180 Year- 2017 Thana -BARURAJ District- MUZAFFARPUR ====================================================== GUDDU KUMAR @ GUDDU PASWAN, S/o Surendra Ram, R/o Vill.- Lakhnauri, P.S.- Deoriya, District- Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rakesh Ranjan, Advocate. For the Opposite Party : Mr. Rajendra Prasad Nat, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 15.02.2018 in a case for the offence registered under Section 395 of the IPC.

The prosecution story, in brief, is that 30-35 unknown criminals entered into the house of the informant, committed dacoity and looted away ornaments worth Rs. 3,00,000/- and cash Rs. 1,85,000. They also assaulted the family members of the informant. Pawan Kumar alias Apun Kumar sustained injuries.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the

Patna High Court Cr.Misc. No.46158 of 2018 (3) dt.13-09-2018 2/2 present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case on the basis of confessional statement of co-accused Mukesh Ram @ Doctor Sahab. There is no recovery of incriminating article from conscious possession of the petitioner. The petitioner has not been put on T.I. Parade.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let 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 the learned J.M. Ist Class, Muzaffarpur, in connection with Baruraj P.S. Case No. 180 of 2017.

U.K./- (Sudhir Singh, J) U T