Gunjan Kumar Bhardwaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53096 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- BIHPUR District- Bhagalpur ====================================================== GUNJAN KUMAR BHARDWAJ Son of Mukesh Kumar Resident of Village - Sonbarsha (Barghari Tola), P.S.- Bihpur, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Jha For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Bihpur P.S. Case No. 20 of 2019, instituted for the offence under Section(s) 392 of Indian Penal Code.

It is alleged in the written report that informant after holding meeting at Bikrampur and Sonbarsa was going back by his Motorcycle having amount of Rs.1,30,239/-. When he reached near Chharra bridge, one person gave signal to stop. It is further alleged that when informant stopped his Motorcycle, one accused on the point of gun snatched the key of Motorcycle and took the bag from Dikky containing Rs.1,30,239/. It is mentioned in the impugned order that one Motorcycle has been recovered from house of the petitioner

Patna High Court CR. MISC. No.53096 of 2019(2) dt.28-08-2019 2/2 which was used in the alleged occurrence.

Counsel for the petitioner submits that petitioner is not named in the written report. He has not been identified by the informant. No Test Identification Parade has been held. He further submits that for recovery of aforesaid Motorcycle separate case has been registered vide Bihpur P.S. Case No. 21 of 2019. Petitioner has been granted bail in the aforesaid case. Petitioner is in custody since 21.01.2019.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri D.K. Yadav, learned Judicial Magistrate, 1st Class, Naugachia, in connection with Bihpur P.S. Case No. 20 of 2019, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T