Gaurav @ Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6618 of 2018 Arising Out of PS.Case No. -367 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Gaurav @ Gaurav Kumar, S/o Bharat Kuamar Rai, R/o Mohalla- Zero Mile, Shekhpura , P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-02-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Motipur P.S.Case No. 367 of 2016 registered under Sections 395, 397 and 412 of the Indian penal Code.

Allegation in brief is that accused persons overtaken the vehicle of the informant stopped him and looted his vehicle, purse and money and as they were talking naming each other, therefore, FIR is named.

Submission is that petitioner is made accused on the basis of confessional statement however there was neither any recovery from the possession of the petitioner nor he was put on TIP and charge sheet has been submitted and he is in custody since 07.12.2016 and other co-accused persons have also been admitted to bail by a co-ordinate Bench of this Court vide order date

Patna High Court Cr.Misc. No.6618 of 2018 (2) dt.16-02-2018 2/2 27.07.2017 passed in Cr. Misc. No. 32092 of 2017. Having considered the aforesaid facts and circumstances, the petitioner, namely, Gaurav @ Gaurav Kumar, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 6th Addl. District and Sessions Judge, Muzaffarpur in connection with S.Tr. No. 336 of 2017 arising out of Motipur P.S. Case No. 367 of 2016, with condition that one of the bailor must be his close family member. He will not make any inducement or threatening to the witnesses or tampering with the evidence. Petitioner shall remain physically present on each and every date during trial and in case of failure on two consecutive dates without any reasonable reason, his bail bond shall be liable to be cancelled. (Arun Kumar, J) Sujit/- U T