Gautam Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64800 of 2023 Arising Out of PS. Case No.-179 Year-2022 Thana- SANGRAMPUR District- Munger ====================================================== Gautam Kumar Singh Son of Vinod Kumar Singh @ Vinod Singh R/o Chakratni, P.S. - Shambhuganj, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar Chaudhary, Adv.

For the State :

Mr. Raghaw Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor (for brevity 'APP') for the State.

2. The petitioner is apprehending his arrest in connection with Sangrampur P.S. Case No. 179/ 2022 registered for the offence punishable under Sections 457, 380, and 411 of the Indian Penal Code (for brevity 'IPC').

3. There is allegation against the petitioner that he is accused of committing a theft in the house of the informant along with three others, two of whom were apprehended and

Patna High Court CR. MISC. No.64800 of 2023(2) dt.18-10-2023 2/3 have stated about the petitioner's identity.

4. Learned counsel for the petitioner submits that having no antecedents, petitioner apprehend his arrest mearly based on statement of co-accused. The petitioner has no concern with the alleged occurrence and recovery, whatsoever has been made from co-accused 'Gaurav Kumar' and 'Sanjeev Kumar'. Petitioner is stated to be man of clean antecedents.

5. Learned APP for the State has opposed the prayer for anticipatory bail.

6. Having regard to the submissions advanced by the petitioner's counsel, nature of allegations, and clean antecedents of the petitioner, this Court is inclined to allow petitioner's prayer for grant of anticipatory bail.

7. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Munger, in connection with Sangrampur P.S. Case No. 179/ 2022, subject to the following conditions: (i) That one of the bailors of each of the petitioner will be a close relative of the petitioner who will give an affidavit giving genealogy as to

Patna High Court CR. MISC. No.64800 of 2023(2) dt.18-10-2023 3/3 how he is related with the petitioner concerned. The bailors will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

(Madhuresh Prasad, J) Mayank/ Rajkishore/- U T