Patna High CourtCR. MISC./70470/2023allowed

Gaurav Kumar v. The State Of Bihar

2023-11-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70470 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- SALIMPUR District- Patna ====================================================== GAURAV KUMAR Son of Binod Prasad @ Kallu RESIDENT OF VILLAGE - JAMUNICHAK, P.S BARH, DISTRICT PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gautam Shah For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 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 sections 379, 420, 328, 411 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants are alleged to have taken away e-rickshaw of the informant after administering intoxicated material in juice of informant's driver.

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 merely on the basis of confessional statement of co-accused before police. The petitioner is not named in the FIR. Nothing looted material has been recovered from his conscious possession. It is further

Patna High Court CR. MISC. No.70470 of 2023(2) dt.07-11-2023 2/2 submitted that the petitioner has got no criminal antecedent and languishing in judicial custody since 25.06.2023. Moreover, similarly situated co-accused namely, Chandan Kumar has already been granted bail by this Court vide order dt. 15.9.2023 passed in Cr. Misc. No. 61938 of 2023.

5. nLearned 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 Salimpur P.S. Case No. 93 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M 1st Class, Barh.

(Sunil Kumar Panwar, J) Amandeep/- U T