Gautam Kumar Yadav @ Gautam Kumar @ Gautam Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69490 of 2022 Arising Out of PS. Case No.-217 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== GAUTAM KUMAR YADAV @ GAUTAM KUMAR @ GAUTAM RAI Son of Purshottam Ray @ Purshottam Yadav Resident of village - Paktaula, P.S.- Dumra, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 31-07-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Runnisaidpur P.S. Case No.217 of 2021 dated 02.04.2021 registered for the offence/s punishable under Section/s 399 and 402 of the Indian Penal Code and Section/s 25(1-b)a, 26 and 35 of the Arms Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that as per prosecution two co-accused persons namely Santosh Sah and Raushan Kumar were arrested with fire-arms on the allegation of making preparation to commit dacoiti and petitioner is stated to be involved in the said preparation but the petitioner was not apprehended at the spot and his name was disclosed by the apprehended co-accused persons who have been granted bail by a co-ordinate Bench of this Court

Patna High Court CR. MISC. No.69490 of 2022(5) dt.31-07-2023 2/2 vide orders passed in Cr. Misc. Nos.51620 of 2021 and 854 of 2022 and petitioner has been implicated in this case mainly on account of his criminal antecedents, though against him there are criminal antecedents of five cases but he has got bail in all the said cases and his case stands on better footing from the apprehended co-accused persons who are on bail. Further submissions are that the petitioner has been languishing in jail since 15.09.2021 and against him the investigation has been completed. 4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the petitioner's custody period as well as the privilege of bail having been granted to two co-accused persons mentioned above, who were apprehended at the spot with fire-arms and petitioner is not stated to have been arrested at the spot, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be released on bail in connection with Runnisaidpur P.S. Case No.217 of 2021 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T