Sujeet Gwala @ Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45400 of 2023 Arising Out of PS. Case No.-197 Year-2022 Thana- BARH District- Patna ====================================================== Sujeet Gwala @ Sujeet Kumar, Son of Late Ram Chandra Gwala, Resident of Village- Naya Tola Jurabganj ,P.S.- Korha, District- Katihar .... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Mohan Das, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Barh P.S. Case No. 197 of 2022 dated 11.04.2022 registered for the offences punishable under Sections 356 and 379 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that against the petitioner there are criminal antecedents of two cases in which he has got bail and he was remanded in the present matter from Barh P.S. Case No. 246/2022 and police took his confession and implicated him in the present matter and except his confessional statement, there is no any material to connect him to the alleged crime of loot and he was not put on Test Identification Parade and he has been languishing in jail since 18.05.2022 and one co-accused namely

Patna High Court CR. MISC. No.45400 of 2023(2) dt.27-07-2023 2/2 Ashok Singh has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 74000/2022 and against him the investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the custody period of the petitioner and completion of the investigation against him and also the fact that he was not put on Test Identification Parade as per above submission and the order impugned goes to show that in respect of petitioner's involvement in the alleged crime, the prosecution has mainly placed reliance upon the petitioner's confessional statement as well as his criminal antecedents, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner namedabove be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Barh P.S. Case No. 197 of 2022.

(Shailendra Singh, J) annu/- U T