Gautam Kumar @ Chiku Kumar @ Chhotu @ Chiku @ Gautam Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60873 of 2025 Arising Out of PS. Case No.-689 Year-2020 Thana- NAGAR District- Vaishali ====================================================== Gautam Kumar @ Chiku Kumar @ Chhotu @ Chiku @ Gautam Sharma S/o Raja Sharma @ Raj Kumar Sharma Mohalla- Bari Isopur, PS- Adyogic, District- Vaishali ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Surya Narayan Yadav, Advocate For the Opposite Party/s :
Mr. Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Hajipur (Town) P.S. Case No. 689 of 2020 dated 20.10.2020 registered for the offences punishable under Sections 395 and 412 of the Indian Penal Code and under Section 27 Arms Act.
3. As per the prosecution case, the informant alleged that when he was returning to home along with other associates after withdrawing a sum of Rs. 2 lakhs from the Central Bank, Anwarpur, three miscreants boarded at motorcycle came there and out of them two miscreants caught hold of the informant from back side on the gun point snatched Rs. One lakh from the
Patna High Court CR. MISC. No.60873 of 2025(2) dt.15-09-2025 2/3 informant. It is further alleged that the informant assaulted the miscreants with rod then the miscreants started firing on the informant and they fled away on motorcycle.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged occurrence. It is further submitted by the counsel for the petitioner that the name of the petitioner came from the confessional statement made by other co-accused person and said confessional statement has no legal value in the eyes of law because signature of the co-accused has been made under threats and coercion on a plain paper. He lastly submits that the co-accused on whose statement the name of the petitioner has surfaced has already been granted bail by the Co-ordinate Bench of this Court in Cr. Misc. No. 40366 of 2021 vide Order dated 25.01.2022. The petitioner has ten criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.06.2022.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of
Patna High Court CR. MISC. No.60873 of 2025(2) dt.15-09-2025 3/3 the case as well as the period of custody, and further considering the fact that the petitioner is not named in the FIR and his name has been surfaced on the confessional statement of the coaccused person who has already been granted benefit of bail. Therefore, on the ground of parity also, the petitioner abovenamed, is directed to be enlarged 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 learned Additional District & Sessions Judge - XI, Vaishali at Hajipur in connection with Hajipur (Town) P.S. Case No. 689 of 2020.
7. The application stands allowed.
(Chandra Prakash Singh, J) Siddharth Soni/- U T