Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46624 of 2022 Arising Out of PS. Case No.-114 Year-2022 Thana- KORHA District- Katihar ====================================================== Guddu Kumar Son Of Bir Bahadur Yadav R/O Village- Lauvalagam, P.S.- Chausa, Dist.- Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392, 307 of the Indian Penal Code and Section 27 of Arms Act. As per allegation in the FIR, while the informant was going to Kheriya Haat containing cash of Rs. 16,30,000/- which was kept inside the dickey of his car, meanwhile, three miscreants riding on a motorcycle interrupted the informant and on point of arms, they taken away the bag of the informant containing with aforesaid cash.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather he has falsely been implicated in this case on the basis of suspicion. The petitioner

Patna High Court CR. MISC. No.46624 of 2022(8) dt.25-07-2023 2/2 has also not been put on TI Parade. It is further submitted vide para-4 of the supplementary affidavit that the alleged recovery of Rs. 3,50,000/- which was recovered from possession of the petitioner, is his own money and the same was withdrawn by the petitioner himself on dt. 11.3.2022 and in support of this, Bank statement has been annexed with Annexure-2. There is no any consistent evidence available on record which shows the said amount is looted. Moreover, the petitioner is languishing in judicial custody since 14.3.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Korha P.S. Case No. 114 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Sessions Judge, Katihar.

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