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Patna High CourtCR. MISC./13490/2018bail granted

Gaurav Kumar @ Gaurav Kumar Golu @ Gauav Kumar @ Golu v. The State Of Bihar

2018-04-12Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13490 of 2018 Arising Out of PS.Case No. -16 Year- 2018 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Gaurav Kumar @ Gaurav Kumar Golu @ Gauav Kumar @ Golu S/o Suresh Kumar Jha, R/o Village- Bangara Banshidhar, P.S.- Kudhani, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 399,402,414/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that petitioner having no criminal antecedent has falsely been implicated in this case for extraneous consideration. He submits that the motorcycle which he is alleged to have been riding was in the name of his mother. The documents have been placed before the court below as is evident from the order dated 07.02.2018 rejecting the prayer for bail of the petitioner by the 7th Additional Judge. Petitioner is in custody in connection with this case since 12.01.2018 and that seizure list has been prepared in violation of the Cr.P.C and does not support the allegations in the FIR.

Patna High Court Cr.Misc. No.13490 of 2018 (3) dt.12-04-2018 2/2 In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Kudhani P.S. Case No. 16 of 2018 subject to the conditions : (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U