Patna High CourtCR. MISC./76622/2023bail granted

Gautam Kumar @ Gautam Kumar Ray v. The State Of Bihar

2023-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76622 of 2023 Arising Out of PS. Case No.-70 Year-2022 Thana- MUSRIGHRARI District- Samastipur ====================================================== Gautam Kumar @ Gautam Kumar Ray S/O Ram Kumar Ray @ Budha Ray R/O Ward No. 7, Village- Jitwarpur Kumhira, P.S- Sarai Ranjan, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Musri Gharari (Samastipur) P.S. Case No. 70 of 2022 instituted for the offences under Section 392 of the Indian Penal Code.

3. The prosecution story, in short, is that while the Informant was going on his motorcycle, three unknown persons attacked him, snatched his mobile and took out a bag containing Rs. 1,34,950/-, Tab, Bio-matrix, Stapler and other articles from the dickey of the motorcycle and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case owing to village politics. The petitioner is not

Patna High Court CR. MISC. No.76622 of 2023(2) dt.04-12-2023 2/2 named in the F.I.R. and has been dragged in this case on the confessional statement of the co-accused/Devendra Kumar Sharma @ Nanhki. Charge-sheet has been submitted by the police in this case and but, till date, no T.I.P. has been conducted.

5. The petitioner is languishing in judicial custody since 26.07.2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Musri Gharari (Samastipur) P.S. case No. 70 of 2022. (Rudra Prakash Mishra, J) rishi/- U T