Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59601 of 2022 Arising Out of PS. Case No.-18 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== GUDDU KUMAR SON OF RAM JATAN PRASAD R/O VILLAGEKESHOPUR, P.S.- SAKRA, DISTT.- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sakra PS case no. 18 of 2020 instituted for the offences punishable under Section 392 of the Indian Penal Code.

The allegation is regarding unknown miscreants having arrived at the petrol pump in question, whereafter they had robbed a sum of Rs. 1,40,000/- from the informant. The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 12.04.2021. The learned counsel for the petitioner has further submitted that the petitioner is accused in two other cases but he is on bail in the said two cases. It is also submitted that the name of the petitioner has transpired in the present case upon confessional statement made by the co-accused

Patna High Court CR. MISC. No.59601 of 2022(2) dt.13-01-2023 2/2 person namely Rajeev Kumar, who has already been granted bail by a co-ordinate Bench of this Court vide order dated 18.04.2022, passed in Cr. Misc. no. 49285 of 2021.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused person who has already been granted bail by a coordinate Bench of this Court, I deem it fit and appropriate to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XII, Muzaffarpur in connection with Sakra PS case no. 18 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T