Gunjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55680 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- WARISNAGAR District- Samastipur ====================================================== Gunjan Kumar S/o Bhuneshwar Ray R/o Village- Dath Rupauli, P.s. - Bishanpur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-01-2025 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner apprehends arrest in connection with Warisnagar P.S. Case No.22 of 2024 registered for the offence under Sections 379 of the Indian Penal Code. 3.

The allegation against the petitioner along with other co-accused persons is to have taken away a motorcycle bearing registration no. BR33BB0311 belongs to the petitioner.

4.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in the present case. It is submitted that petitioner is not named in

Patna High Court CR. MISC. No.55680 of 2024(2) dt.17-01-2025 2/3 the FIR, where, his name surfaced on the basis of confessional statement of other co-accused person, namely, Sushil Kumar. It is submitted that petitioner was no apprehended at the spot and no incriminating article has been recovered from the physical possession of the petitioner. It is submitted that petitioner is a man of clean antecedent.

5.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioner and as no incriminating article has been recovered from physical possession of this petitioner, which may connect this petitioner with the present set of occurrence and as the petitioner is not named in the FIR, where, his name surfaced in this case on the basis of confessional statement of other coaccused, namely, Shushil Kumar, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the trial court within a period of six weeks from today on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No.22 of 2024 subject to

Patna High Court CR. MISC. No.55680 of 2024(2) dt.17-01-2025 3/3 the condition laid down under Section 438(2) of Cr.P.C. (Ramesh Chand Malviya, J) S.Katyayan/- U T