Gopi Gujarati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51639 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- LAUHIYANAGAR District- Begusarai ====================================================== Gopi Gujarati S/O Kishori Gujarati @ Kishor Kumar R/O Vill- Ashok Nagar Pokharia, P.S - Nagar, Distt.- Begusarai, At present Lohiya Nagar, Gumti Traffic Chowk, P.S.- Lohiya Nagar, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Lohiya Nagar P.S. Case No. 57 of 2025, registered for the offences under Sections 309(4) of the BNS.

3. As per the prosecution case, three miscreants showing knife snatched the purse of the informant containing Rs.2,40,000/-, passbook and cheque-book. The name of the petitioner transpired during investigation for being involved in this occurrence.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on suspicion. The

Patna High Court CR. MISC. No.51639 of 2025(2) dt.12-08-2025 2/3 petitioner is not named in the FIR and his name came up in this case on the basis of confessional statement of co-accused Kishan Kumar and Suraj Kumar and except for these confessional statements there is no material against the petitioner. Nothing incriminating has been recovered from person or possession of this petitioner. The rejection order passed by learned Sessions Judge wrongly mentions that a knife and Rs. 9500/- were recovered from the possession of this petitioner as the same were recovered from the possesion of coaccused Kishan Kumar @ Krishna Kumar and Suraj Kumar. The petitioner is in custody since 05.05.2025 and he has no criminal antecedent. Charge sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that no recovery has been shown from this petitioner and further considering his clean antecedent, submission of charge sheet and period of custody, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M.,

Patna High Court CR. MISC. No.51639 of 2025(2) dt.12-08-2025 3/3 Begusarai/concerned court, in connection with Lohiya Nagar P.S. Case No. 57of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) anuradha/- U T