Patna High CourtCR. MISC./78234/2023bail granted

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

2023-12-06Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78234 of 2023 Arising Out of PS. Case No.-134 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== Gautam Kumar @ Gautam Kumar Ray Son of Ram Kumar Ray @ Budha Ray R/O Ward No 7, Vill - 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 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sarai Ranjan (Samastipur) P.S. Case No. 134 of 2022 instituted for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, two miscreants snatched the bag of the Informant containing Rs. 59,825/-, one Tab and Register on the point of pistol.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. but, his name has been surfaced in this case on the basis of the confessional statement of the co-accused/Devendra Kumar

Patna High Court CR. MISC. No.78234 of 2023(2) dt.06-12-2023 2/2 Sharma @ Nanhki. The petitioner has five criminal antecedents out of which he is on bail in four of them. Nothing incriminating has been recovered from the conscious possession of the petitioner.

5. The petitioner is languishing in judicial custody since 01.08.2023.

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 also taking into account the period of custody, 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 Sarairanjan P.S. Case No. 134 of 2022.

(Rudra Prakash Mishra, J) rishi/- U T