Gunjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82231 of 2024 Arising Out of PS. Case No.-133 Year-2024 Thana- BARAHAT District- Banka ====================================================== Gunjan Kumar S/o- Janardhan Kapdi @ Janardan Kapri Resident Of VillageSikandarpur, P.S.- Bounsi, Dist-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 30-01-2025 Heard learned counsel for the petitioner and Mr. B.N. Pandey, learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code and further added Section 411 of the Indian Penal Code.

3. The case of the prosecution is that on 10.06.2024, the informant being employee of L&T Pvt. Ltd. was returning from Baijnathpur after collecting Rs.36,000/-. When the informant reached near Vijay Hat, then four unknown miscreants took Rs.36,000/-, a mobile phone and motorcycle bearing registration no.BR 46M 5789 from the informant on the point of gun.

4. Learned counsel appearing on behalf of the petitioner has submitted that name of this petitioner has surfaced in para-39 where one Shekhar Kumar has stated that he had talked with the petitioner on mobile regarding transfer of the alleged looted bike.

Patna High Court CR. MISC. No.82231 of 2024(3) dt.30-01-2025 2/2 This petitioner has also given his confessional statement and on his identification from the house of Rupesh Kumar, the bike was recovered. Learned counsel further submits that nothing has been recovered from the possession of the petitioner rather the bike has been recovered from the possession of Rupesh Kumar. Only allegation against the petitioner is that he had a talk with Shekhar Kumar regarding transfer of the bike. The petitioner is a man of clean antecedent and he is in custody since 27.08.2024.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court of ACJM1st, Banka in connection with Barahat P.S. Case No. 133 of 2024.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T