Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49093 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- KAMTAUL District- Darbhanga ====================================================== Guddu Kumar Son Of Puran Sahni Resident Of Village - Bathaul, P.S. - Nanpur (Bokhra Piket), Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Iqbal Asif Niazi For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Kamtaul P.S. Case No. 70 of 2023 dated 13.04.2023 registered for the offence punishable u/s 392 of the Indian Penal Code.

4. As per the prosecution case, three unknown miscreants boarded on a motorcycle intercepted the motorcycle of the informant and one miscreant snatched the motorcycle's key and took Rs. 3,80,000/- from the dickey and third miscreant snatched his mobile phone and Rs. 3,500/- from the informant's pocket on

Patna High Court CR. MISC. No.49093 of 2023(2) dt.04-08-2023 2/2 the point of pistol.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Manjay Kumar. Learned counsel further submitted that the seizure list and the F.I.R differ from each other. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 06.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Dharbhanga in connection with Kamtaul P.S. Case No. 70 of 2023.

8. The application stands allowed.

atul/- (Chandra Prakash Singh, J) U T