Gopi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71758 of 2023 Arising Out of PS. Case No.-115 Year-2023 Thana- GHOSWARI District- Patna ====================================================== Gopi Kumar S/O Sadan Ram @ Anil Paswan R/O Village- Kali Basti Godhara, P.S- Kenduadih, Distt.- Dhanbad(Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

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

As per prosecution case, the allegation against three unknown miscreants is that they boarded on a motorcycle intercepted the bike of the informant and on the point of pistol snatched the bike, mobile and other belongings from the informant and thereafter they fled away.

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 self confession before the police which has no evidentiary value in the

Patna High Court CR. MISC. No.71758 of 2023(3) dt.30-01-2024 2/2 eye of law. Neither the petitioner is named in the FIR nor he has been put on TIP. It is further submitted that nothing looted article has been recovered from the possession or from the house of the petitioner. Save and except the confession of petitioner there is no consistent material has come to show his complicity in the alleged occurrence. The petitioner has got no criminal antecedent and languishing in judicial custody since 27.06.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

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 Ghoswari P.S. Case No. 115 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, District-Patna.

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