Patna High CourtCR. MISC./69071/2024bail granted

Gautam Kumar Yadav v. The State Of Bihar

2024-10-03Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69071 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- PARWALPUR District- Nalanda ====================================================== Gautam Kumar Yadav S/o- Late Arjun Prasad Resident Of Village- Gajen Bigha, PS- Parwalpur, Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-10-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Parwalpur P.S. Case No. 98 of 2024 dated 21.06.2024, lodged under Section 395 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against unknown accused person. It has been alleged in the FIR that 810 unknown persons have surrounded the informant and snatched cash and mobile phone from him.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner is not named in the FIR. Counsel submits that nothing incriminating has been recovered from the petitioner's possession. Counsel further submits that only by

Patna High Court CR. MISC. No.69071 of 2024(2) dt.03-10-2024 2/2 virtue of a spy, name of the petitioner has been figured in this case. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 21.06.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it is true that name of the petitioner has been figured in this case only by virtue of a spy.

6. In the present facts and circumstances of this case, let the petitioner above named be granted bail but only after framing of charge, if not framed, and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-I, Hilsa (Nalanda) in connection with Parwalpur P.S. Case No. 98 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C. (Dr. Anshuman, J) Divyansh/- U T