Patna High CourtCR. MISC./45680/2023allowed

Gopal Kumar @ Gopal Yadav v. The State Of Bihar

2023-08-04Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45680 of 2023 Arising Out of PS. Case No.-341 Year-2022 Thana- ASHTHAWAN District- Nalanda ====================================================== Gopal Kumar @ Gopal Yadav S/O Gendhari Yadav R/O Village- Asthawan, Ps. Asthawan In The Dist Of Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

The prosecution case in brief is that on 13.12.2022 while the informant was sleeping, three unknown miscreants break the lock and entered into her house and looted cash of Rs. 1,00,000/-, silver ornaments, gold ornaments and music system on gun

Patna High Court CR. MISC. No.45680 of 2023(2) dt.04-08-2023 2/3 point.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has been remanded in the present case from Asthawan P.S. Case No. 28 of 2023 on 28.02.2023. The petitioner has still not been put on T.I.P. The petitioner is languishing in custody since 18.02.2023. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 14.07.2023 passed in Cr. Misc. No. 41636 of 2023. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.45680 of 2023(2) dt.04-08-2023 3/3 Magistrate, Nalanda at Biharsharif in connection with Asthawan P.S. Case No. 341 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T