Avinash Gwala @ Shubham v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76579 of 2023 Arising Out of PS. Case No.-498 Year-2022 Thana- RAJIVNAGAR District- Patna ====================================================== 1.

Avinash Gwala @ Shubham S/O Bijjo Goala @ Vijjo Goala VillageFatapukar, Manjhipara, Ps. Ramganj, Dist. Jalpaiguri (WEST Bengal) 2.

Sintu Kumar Yadav S/O Late Basant Yadav Resident Of Naya Tola, Jurabganj, Ps. Kodha, Dist. Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 356, 379 of the Indian Penal Code.

As per prosecution case, the informant alleged that while she along with her father was returning home after withdrawing the amount of Rs. 10 lakh, in the meantime, two miscreants on motorcycle came near and snatched the bag containing the aforesaid amount and fled away.

Patna High Court CR. MISC. No.76579 of 2023(2) dt.04-12-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The petitioners are not named in the F.I.R nor they were apprehended from the spot. The petitioners have been roped in the present case only on the confessional statement of co-accused co-accused Ranjeet Yadav which has no evidentiary value in the eye of law. Moreover, nothing has been recovered from the conscious possession of the petitioner and the petitioner has still not been put on T.I.P. The petitioners have been remanded in this case on 21.11.2022.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like

Patna High Court CR. MISC. No.76579 of 2023(2) dt.04-12-2023 3/3 amount each to the satisfaction of learned Additional Judicial Magistrate-II, Patna in connection with Rajeev Nagar P.S. Case No. 498 of 2022.

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