Guddu Kumar @Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74064 of 2022 Arising Out of PS. Case No.-199 Year-2021 Thana- RASULPUR District- Saran ====================================================== Guddu Kumar @guddu Yadav S/O Raju Yadav R/V- Saryupar, P.S.- Daudpur, District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Rasulpur P.S. Case No. 199 of 2021 registered under section 392 of the Indian Penal Code.

As per prosecution case, three unknown miscreants looted Rs. 6,82,000/- from the informant, when he was going to deposit the above said amount to the bank. Further alleged that one of them fired upon him which hit on his thigh and ran away from there.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.74064 of 2022(2) dt.21-03-2023 2/3 falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of confessional statement of co-accused, namely, Ghanshyam Kumar@ Chhotan Paswan before the police. Neither any stolen article has been recovered from the conscious possession of the petitioner nor he has been put on T.I.P. Except confession of the other co-accused, nothing cogent material came against him to implicate in the alleged offence. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 13.12.2022 in Cr. Misc. No. 7989 of 2022. The petitioner is languishing in judicial custody since 11.06.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rasulpur P.S. Case No. 199 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the

Patna High Court CR. MISC. No.74064 of 2022(2) dt.21-03-2023 3/3 like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Saran at Chapra.

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