Gautam Kumar @ Neeraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42209 of 2022 Arising Out of PS. Case No.-331 Year-2021 Thana- PIPRA District- Supaul ====================================================== GAUTAM KUMAR @ NEERAJ S/o Narayan Yadav, Resident of Ward No. 12, Jharka, P.S.- Pipra, Distt.- Suapul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Pipra P.S. Case No. 331 of 2021 lodged under Sections 394 and307 of the Indian Penal Code read with section 27 of Arms Act.

As per prosecution case, criminal case has been lodged against 3-4 unknown accused persons, who have committed robbery and looted the informant's articles. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that nothing incriminating was recovered from the

Patna High Court CR. MISC. No.42209 of 2022(2) dt.02-11-2022 2/3 possession of the petitioner. Neither petitioner nor articles was put on T.I.P. Counsel further submits that there are 3 criminal antecedents of the petitioner but he is on bail in one case and yet to obtain bail in 2 cases. Counsel further submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him by the court. He further submits that petitioner is in custody since 06.01.2022 and charge sheet has already been filed in this case as well as charge has been framed. He also submits that petitioner has been remanded in the present case. Learned counsel for the State opposes the prayer for bail and submits that petitioner is not a man of clean antecedent.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul in connection with Pipra P.S. Case No. 331 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates

Patna High Court CR. MISC. No.42209 of 2022(2) dt.02-11-2022 3/3 without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T