Gaurab Hari @ Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59554 of 2021 Arising Out of PS. Case No.-799 Year-2020 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== GAURAB HARI @ PRINCE KUMAR S/o Jitendra Hari @ Jitendra Kumar Ram R/o village- Kathalbari Brigat Campus, P.S.- Barari, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Kotwali (Tilkamanjhi) P.S. Case No. 799 of 2020 instituted for the offences under Section 379 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 19.03.2021, charge-sheet has been submitted in the case and has antecedent of one case. Learned counsel for the petitioner submits that the informant alleges that in the night of 14.12.2020 his motorcycle was stolen which was parked in front of his house. Learned counsel for the petitioner submits that the F.I.R. was against unknown and the name of the petitioner transpired on account of a co-incidence that the petitioner met

Patna High Court CR. MISC. No.59554 of 2021(2) dt.09-03-2022 2/2 with an accident by a motorcycle which was being driven by Suman Kumar Singh and accordingly Suman Kumar Singh and the petitioner were brought to the hospital and later it transpired that the motorcycle which Suman Kumar Singh was driving was the stolen motorcycle of the present informant. It is submitted that Suman Kumar Singh died during the course of treatment and the petitioner came to be implicated in the present case. Learned counsel thus submits that the police under mistaken identity and on the basis of suspicion implicated the petitioner. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and in the nature of allegations and taking into consideration the submissions of the learned counsel for the petitioner, the petitioner is directed to be released 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 Shri C.B. Bahrti, learned J.M. 1st Class, Bhagalpur in connection with Kotwali (Tilkamanjhi) P.S. Case No. 799 of 2020.

(Satyavrat Verma, J) Rishi/- U T