Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30696 of 2018 Arising Out of P.S.Case No. -445 Year- 2017 Thana -BIHTA District- PATNA ====================================================== Guddu Kumar, aged about 22 Years, S/o Sri Awadesh Rai, R/o MohallaNew Gosai Tola, Danapur, P.S.- Danapur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunit Kumar Srivastava, Advocate For the Opposite Party/s : Mr. Humayu Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner is in custody in connection with Bihta P.S.Case No.445 of 2017 pending in the Court of ACJM, Danapur registered for an offence under Sections 395 and 397 of the IPC. The allegation against this petitioner is that a victa vehicle occupied by eight miscreants over took the Hyva truck of the informant and on the point of pistol got the informant down from his truck. He assaulted the informant by butt of gun and snatched Rs.18,000/-, mobile phone and took away his Hyva truck.

It has been submitted that the petitioner is HIV patient

Patna High Court Cr.Misc. No.30696 of 2018 (3) dt.05-07-2018 2/2 and he has been implicated merely on suspicion and so he deserves to be enlarged on bail.

The learned APP opposed the submissions.

On perusal of the case diary, it appears that immediately after the occurrence this petitioner and other co-accused was apprehended by police along with stolen Hyva vehicle. Besides that the petitioner is involving five more cases of similar nature. Considering the aforesaid facts and circumstances of the case, prayer for bail is rejected.

(Sanjay Kumar, J) B.Kr./- U T