Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6061 of 2021 Arising Out of PS. Case No.-158 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== GAUTAM KUMAR SON OF BRIJ NANDAN SAHNI RESIDENT OF VILLAGE-BAKHARIDUA, P.S.-GORAUL (KATHARA O.P.) IN THE DISTRICT OF VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Virendra Nrain ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Patepur P.S. Case No.158 of 2020 registered for the offence punishable under Sections 414/420 of the Indian Penal Code. The allegation, as per the First Information Report, is that the motorcycle, on which the petitioner and other co-accused person, was travelling, was intercepted by the police and the said motorcycle was found to be stolen one.

Patna High Court CR. MISC. No.6061 of 2021(2) dt.16-04-2021 2/2 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case and has not committed any offence as alleged in the FIR. Petitioner has no concern with other co-accused persons neither he was riding on the alleged motorcycle rather he was returning from chowk by foot and caught hold by the police on mere suspicion. No incriminating article has been recovered from the physical conscious possession of the petitioner. Similarly situated other co-accused namely Bipin Kumar has been granted bail vide Cr. Misc. No.40337 of 2020 dated 02.03.2021. The petitioner has no criminal antecedent and has been languishing in custody since 28.07.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Patepur P.S. Case No.158 of 2020.

(Anjani Kumar Sharan, J) pallavi/- U T