Anurag Kumar @ Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53947 of 2025 Arising Out of PS. Case No.-14 Year-2024 Thana- GAMAHARIYA District- Madhepura ====================================================== Anurag Kumar @ Gaurav S/O Pappu Yadav Village- Ratanpura, P.S.- Ghailarh, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Kumari Rashmi, Adv.

For the Opposite Party/s :

Mrs.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gamhariya P.S. Case No. 14 of 2024 instituted for the offences under Section 392 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the accused persons on Pulsar motorcycle bearing no number plate came to the Informant and, on the point of pistol, took Rs. 50,000/- from the box of the Informant and fled away after making firing.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.53947 of 2025(2) dt.13-08-2025 2/3 He further submits that the petitioner is neither named in the F.I.R. nor anything incriminating has been recovered from his possession or from his house. He further submits that the name of the petitioner has transpired in this case on the basis of the confessional statement of the co-accused Ashish Kumar before the police in another case being Gamhariya P.S. Case No. 15 of 2024, Madhepura in which he has simply named the petitioner as friend. He further submits that the confessional statement recorded before the police has no evidentiary value in the eye of law. Except confessional statement of the co-accused Ashish Kumar, there is nothing adverse against the petitioner in the entire record of the case. The petitioner has no concern with the alleged occurrence. The petitioner has six criminal antecedents and is languishing in judicial custody since 21.02.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

Patna High Court CR. MISC. No.53947 of 2025(2) dt.13-08-2025 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Gamhariya P.S. Case No. 14 of 2024, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T