Gunjan Singh @ Gujju @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47608 of 2025 Arising Out of PS. Case No.-318 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Gunjan Singh @ Gujju @ Munna S/o Arun Singh R/o Village- Nagargama, P.S.- Ballia, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

For the Opposite Party/s :

Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Baliya P.S. Case No. 318 of 2024, instituted for the offences punishable under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, motorcycle of the informant was stolen and, later on, it was found parked outside the house of the co-accused Rahul Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to ulterior motive. The petitioner is not named in the F.I.R. and his name has surfaced in this case on the basis

Patna High Court CR. MISC. No.47608 of 2025(2) dt.10-07-2025 2/3 of the confessional statement of the co-accused Rahul Kumar which has no evidentiary value in the eye of law. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of more than two months in lodging the FIR. The petitioner has got no concern with the alleged recovery of motorcycle. It is further submitted that no specific allegation has been attributed against the petitioner. The petitioner is in custody since 20.12.2024 and has got one criminal antecedent. He further submits that the co-accused Rahul Kumar has already been granted bail by this Court vide order dated 20.03.2025 passed in Cr. Misc. No. 15686 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner as also the prayer for bail being based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.47608 of 2025(2) dt.10-07-2025 3/3 below/concerned Court in connection with Baliya P.S. Case No. 318 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T