Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52769 of 2021 Arising Out of PS. Case No.-155 Year-2021 Thana- GRIYAK District- Nalanda ====================================================== 1.

GAUTAM KUMAR Son of Shiv Kumar Resident of Village - Fatehpur, P.s.- Asthawan, Distt.- Nalanda.

2.

Shole Kumar Son of Shankar Prasad Resident of Village - Uprawan, P.s.- Bihar, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-04-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 395 of the Indian Penal Code.

As per the prosecution case, 6 to 7 unknown accused persons looted the truck being driven by the informant and dispossessed him of various articles described in the FIR. It is submitted by learned counsel for the petitioners that the name of the petitioners transpired in the confessional statement of co-accused Prahlad and Sunny Kumar made before police. No incriminating article has been recovered from the petitioners possession. Inspite of being in custody since

Patna High Court CR. MISC. No.52769 of 2021(3) dt.06-04-2022 2/2 17.4.2021 they have not been put on T.I Parade and charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, no incriminating article having been recovered from the possession of the two petitioners and the petitioners not having been put on T.I parade inspite of being in custody for more than 11 months, the Court directs the above two petitioners to be enlarged on bail in connection with S.T. no. 471 of 2021 (arising out of Giriyak P.S. Case no. 155 of 2021) on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-V, Nalanda at Biharsharif.

(Partha Sarthy, J) Prakash/- U