Guddu Kumar @ Guddu Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49445 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- Kavaiya District- Lakhisarai ====================================================== Guddu Kumar @ Guddu Mandal S/O Pramod Mandal R/O Village- Taradih, PS- Amarpur,Distt-Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajnish Chandra, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Kabaiya P.S. Case No. 07 of 2024 instituted for the offences under Sections 412, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.
3. Prosecution case, in short, is that, police during vehicle checking tried to stop the truck. Seeing the police, the accused persons tried to drive the truck quickly to flee away but were intercepted by the police and apprehended. On search, various articles and arms were recovered beside looted truck. It is further alleged that this petitioner managed to flee away from the spot.
Patna High Court CR. MISC. No.49445 of 2024(3) dt.21-09-2024 2/3
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that petitioner was not apprehended from the spot. Learned counsel for the petitioner submitted that petitioner is nowhere concerned with the alleged incident and his name has transpired in this case merely due to the fact that on the alleged date and time of the occurrence, he was standing beside the road to take some vehicle. No incriminating article has been recovered from the conscious possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.03.2024 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel further referring to paragraph no. 45 of the case diary submitted that this petitioner has confessed his guilt and stated that his belongings were also left in the looted truck.
6. Considering the aforesaid facts and circumstances of the case, except confessional statement, there being no material against this petitioner, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.49445 of 2024(3) dt.21-09-2024 3/3
7. Let the petitioner 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 Court below/concerned Court in connection with Kabaiya P.S. Case No. 07 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T