Gulten @ Md. Gulten v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68484 of 2021 Arising Out of PS. Case No.-332 Year-2020 Thana- PURNEA SADAR District- Purnia ====================================================== Gulten @ Md. Gulten S/o Badruddin R/o village- Bijhara Kurum, P.S.- Balia Belon, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikram Deo Singh Mr.Bijendra Kumar Singh For the Opposite Party/s :
Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2022 Heard both parties.
The petitioner seeks bail in Sadar P.S. Case No. 332 of 2020, registered for the offence punishable under Sections 395, 397 of the Indian Penal Code and section 27 of the Arms Act.
As per the FIR, 15 unknown miscreants indiscriminately fired upon the informant and his family members, broke into the house and committed dacoity. They took away of valuable articles, jewellery, cash, mobile etc. It is submitted on behalf of the petitioner that name of this petitioner transpired in this case on the basis confessional statement of co-accused. No incriminating article has been recovered from possession of this petitioner. Cash and
Patna High Court CR. MISC. No.68484 of 2021(3) dt.25-04-2022 2/2 motorcycle which were alleged to be recovered during course of investigation are not the part of looted article. Petitioner has not been put on test identification parade till date. Similarly situated co-accused have been granted bail by this Court vide order dated 19.07.2021 passed in Cr. Misc. No. 7345 of 2021 and dated 06.10.2021 passed in Cr. Misc. No. 49515 of 2021. Petitioner is in custody since 24.12.2020. Investigation is complete.
Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Sadar P.S. Case No. 332 of 2020.
(Prabhat Kumar Singh, J) vinita/- U T