Gopi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48133 of 2022 Arising Out of PS. Case No.-408 Year-2022 Thana- AGAMKUAN District- Patna ====================================================== 1.

GOPI KUMAR SON OF AASHISH PASWAN @ ASHISH PASWAN R/O VILLAGE- LAKHANI BIGAHA, P.S.- DANAPUR, DISTRICT- PATNA 2.

MD. CHAND @ CHAND SON OF MD. NAPHIR @ MOHAMMAD NAFIR R/O VILLAGE- LAKHANI BIGAHA, P.S.- DANAPUR, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyamal Prakash, Adv.

For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-02-2023 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Agam Kuan P.S. Case No. 408 of 2022, registered for the offence punishable under Sections 379, 411 and 34 of the Indian Penal Code.

The allegation is regarding the police having arrested the petitioners along with the stolen auto rickshaw of the informant.

The learned counsel for the petitioners has submitted that the petitioners are innocent, they

Patna High Court CR. MISC. No.48133 of 2022(3) dt.02-02-2023 2/3 have been falsely implicated in the present case, they are having a clean antecedent and they are languishing in custody since 13.6.2022. The learned counsel for the petitioners has submitted that a compromise has already been effected in between the parties and on account of certain misgivings, the FIR in question was lodged. It is also submitted that the petitioners have already been suitably punished on account of the period of incarceration qua them.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the period of incarceration of the petitioners herein, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the above named petitioners are directed to be enlarged on bail on

Patna High Court CR. MISC. No.48133 of 2022(3) dt.02-02-2023 3/3 furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Patna City, Patna in connection with Agam Kuan P.S. Case No. 408 of 2022.

(Mohit Kumar Shah, J) Ajay/- U T