Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49060 of 2019 Arising Out of PS. Case No.-102 Year-2019 Thana- MUZAFFARPUR RAIL P.S. DistrictSaran ====================================================== Gaurav Kumar Son of Ashok Mandal Resident of Village-Jhiktiya, Police Station-Mahesh khunt, District-Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 379/411/356 of the Indian Penal Code.

Prosecution case in brief is that while the informant with his family members was travelling in a train, two miscreants jumped out from the train taking away air bag of the informant containing two golden chain, a mobile, wrist watch etc Another miscreant was apprehended while he was taking out goods and articles from informant's brief case after breaking it open. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.49060 of 2019(2) dt.06-08-2019 2/2 petitioner is in custody since 09-05-2019. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. The petitioner has been made accused in the present case due to mistake of fact. No property is alleged to have been stolen. As per allegation, only attempt was made.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway, Sonepur, Saran in connection with Muzaffarpur Rail P.S. Case No. 102 of 2019. (Sudhir Singh, J) A.K.V.//- U T