Guddu Kumar @ Guddu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53949 of 2023 Arising Out of PS. Case No.-426 Year-2022 Thana- AMAS District- Gaya ====================================================== 1.
Guddu Kumar @ Guddu Yadav S/O Ram Pravesh Yadav @ Pravesh Yadav R/O Village- Dumrigarh, P.S- Raushanganj, Distt.- Gaya. 2.
Kishori Yadav @ Kihori Yadav S/O Makkhu Yadav @ Mukhy Yadav R/O Village- Kusha, P.S- Amas, Distt.- Gaya.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Avinash Kumar Singh For the Opposite Party/s :
Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for bail in a case registered for the offence punishable under Sections 386, 387 and 34 of the Indian Penal Code.
3. As per allegation in the FIR, six unknown miscreants boarded on two motorcycles are alleged to have assaulted and robbed mobile phones and Rs. 1,50,000/- in the factory of the informant. They demanded Rs. 5 lac as rangdari and threatened to kill if the said demand was not fulfilled.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and
Patna High Court CR. MISC. No.53949 of 2023(3) dt.07-11-2023 2/3 have committed no offence. They have been falsely implicated in this case due to previous criminal antecedent. They are not named in the F.I.R. rather their name has transpired in course of investigation on the basis of their confessional statement before the police which has no evidentiary value in the eye of law. Nothing has been recovered from their conscious possession and no other cogent material has come aginst them which shows their complicity in this case. The ransom demand has not been executed. Similarly situated co-accused namely Nitish Kumar @ Ajay Prasad has already been granted bail by another coordinate Bench of this Court vide order dated 17.08.2023 passed in Cr. Misc. No. 50947 of 2023. Petitioners are languishing in judicial custody since 30.10.2022.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like
Patna High Court CR. MISC. No.53949 of 2023(3) dt.07-11-2023 3/3 amount each to the satisfaction of the learned court of Judicial Magistrate 1st Class, Sherghati at Gaya in connection with Amas P.S. Case No. 426 of 2022.
(Sunil Kumar Panwar, J) lata/- U T