Patna High CourtCR. MISC./63813/2023allowed

Gautam Kumar v. The State Of Bihar

2023-10-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63813 of 2023 Arising Out of PS. Case No.-1036 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Gautam Kumar Son Of Sanjay Ray @ Sanjay Singh Village- Bhairopur, PsBidupur, Dist- Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Paswan For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

3. As per prosecution case, the allegation against two unknown miscreants is that they boarded on a motorcycle came to the informant and pushed his scooty from behind and snatched cash bag containing Rs. 44540/-, mobile and other articles from the informant and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.63813 of 2023(2) dt.10-10-2023 2/2 in FIR and his name has been transpired during investigation merely on the basis of confessional statement of co-accused Rohan Kumar. Nothing stolen article has been recovered from the conscious possession of the petitioner and also he has not been put on TIP as yet. Moreover, he is languishing in judicial custody since 04.03.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sadar Hajipur P.S. Case No. 1036 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur. (Sunil Kumar Panwar, J) lata/- U T