Patna High CourtCR. MISC./82105/2023allowed

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

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82105 of 2023 Arising Out of PS. Case No.-157 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== GAUTAM KUMAR @ GAUTAM KUMAR RAY Son of Ram Kumar Ray @ Budha Ray R/o ward no. 07, 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 For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

3. As per FIR, the allegation against unknown miscreants is that they came and snatched away bag of the informant in which total 73,500/- Rs. Was kept.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of confessional statement of co-accused. Neither the petitioner was apprehended on the

Patna High Court CR. MISC. No.82105 of 2023(2) dt.19-12-2023 2/2 spot nor any looted money has been recovered from the conscious possession of the petitioner and he has also not been put on TIP. The petitioner is languishing in judicial custody since 01.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sarairanjan P.S. Case No. 157 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-III, Samastipur.

(Sunil Kumar Panwar, J) manishkumar/- U