Gautam Kumar Alias Pawel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37315 of 2020 Arising Out of PS. Case No.-99 Year-2020 Thana- RAJAPAKAR District- Vaishali ====================================================== GAUTAM KUMAR ALIAS PAWEL SON OF AMAR DAS RESIDENT OF VILLAGE- DAULATPUR, DEWARIYA, P.S.- HAJIPUR SADAR, DISTRICT- VAISHALI AT HAJIPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-02-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Raja Pakar P.S. Case No. 99 of 2020 for the offence registered under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act. The allegation is regarding the police having received secret information that some miscreants were planning to commit loot at a petrol pump and thereafter raid was carried out at various places and as far as the petitioner is concerned, one laptop and Adhaar Card of one Vijay Kumar, was recovered. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the

Patna High Court CR. MISC. No.37315 of 2020(2) dt.02-02-2021 2/2 present case and he is languishing in custody since 10.05.2020. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that no illicit arms has been recovered from the conscious possession of the petitioner or from his house, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to 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 learned Additional Chief Judicial MagistrateXIII, Vaishali at Hajipur in connection with Raja Pakar P.S. Case No. 99 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T