Gaurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55629 of 2024 Arising Out of PS. Case No.-43 Year-2023 Thana- VISHNUPAD District- Gaya ====================================================== Gaurav Kumar S/o Late Raju Pandey R/o Mohalla - Ghughari Tand, P.s. - Vishnupad, Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Praveen Kumar, Advocate For the State :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2024 Heard learned counsels for the parties.
2. The petitioner seeks bail in connection with Vishnupad P.S. Case No. 43 of 2023 registered for the offence punishable under Sections 406, 420, 467, 468 and 34 of the Indian Penal Code.
3. As per prosecution case, this petitioner is one of the accused person who used to dupe the customers and one of the co-accused was apprehended on the spot with a Laptop, Mobiles, Visa Card, Voter Id Card, Aadhar Card, Pan Card and cash of Rs. 18,500/-, who disclosed name of this petitioner as his associate.
4. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and he has
Patna High Court CR. MISC. No.55629 of 2024(2) dt.31-08-2024 2/3 been made an accused in this case merely on the basis of confessional statement of co-accused person. No incriminating article has been recovered from possession of this petitioner. Moreover, similarly situated co-accused person, namely Bala @ Akash Kumar has already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 02.11.2023 passed in Cr. Misc. No. 69908 of 2023. It is further submitted that co-accused Manish Prabhakar, who was apprehended at the spot and on whose statement name of this petitioner has transpired int his case, has also been granted bail by this Hon'ble Court vide order dated 24.06.2023 passed in Cr. Misc. No. 33786 of 2023. Charge-sheet has already been submitted that the petitioner is in custody since 01.12.2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, nature of accusation and claim based on parity, the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.55629 of 2024(2) dt.31-08-2024 3/3 satisfaction of learned JM 1st Class, Gaya, in connection with Vishnupad P.S. Case No. 43 of 2023.
(Prabhat Kumar Singh, J) shashank/- U T