Gunjan Kumar @ Gunjan Kumar Laden v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76448 of 2024 Arising Out of PS. Case No.-313 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Gunjan Kumar @ Gunjan Kumar Laden Son of Sudhir Jha @ Sudhir Kumar Jha Resident of Village - Pidhauli, P.S. - Teghra, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-11-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Bachhwara P.S. Case no. 313 of 2022 registered under sections 392 and 397 of the Indian Penal Code.

3. As per the prosecution case, the informant states that four accused persons on a motorcycle on the point of pistol looted the informant of his mobile phone and other articles as described in the F.I.R.

4. Learned counsel for the petitioner submits that the F.I.R. was registered against unknown. The petitioner was falsely implicated in the case in course of investigation in the confessional statement of co-accused Nitesh Nayan made before police. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.76448 of 2024(3) dt.26-11-2024 2/2 petitioner's possession. Inspite of the petitioner being in custody since 24.8.2024, he has not been put on T.I. Parade and chargesheet has been submitted in the case. The co-accused Nitesh Nayan has been enlarged on bail vide order dated 31.1.2024 passed in Cr. Misc. no.4387 of 2024.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the material that has transpired in course of investigation, grant of bail to co-accused Nitesh Nayan on whose confessional statement the name of the petitioner transpired, the petitioner being in custody since 24.8.2024 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Bachhwara P.S. Case no. 313 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai. (Partha Sarthy, J) avinash/- U T