Gopal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80078 of 2023 Arising Out of PS. Case No.-130 Year-2023 Thana- KISHANGANJ District- Kishanganj ====================================================== Gopal Ray Son Of Kalicharan Ray Resident Of Village- Majhiya Road Dharamganj Ward No. 28, P.S.- Kishanganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 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 sections 413 and 414 of the Indian Penal Code.

3. The prosecution case in short, is that, the informant along with police personnel was patrolling and received information that many people are buying and selling stolen goods at Ankit Kumar's house and when police team reached there then 7-8 persons ran away from his house but one person was present and on asking his name, he told his name Gopal Rai(petitioner). During search, total 196 goods were recovered but no document was produced by him. The police inquired about the recovered good from this petitioner, he told that my

Patna High Court CR. MISC. No.80078 of 2023(2) dt.13-12-2023 2/3 son Ankit Kumar and other persons brought stolen goods and distributed in my house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the father of the main accused, namely, Ankit Kumar who used to do theft. Although the recovery has been made from the house of the petitioner but he has no concern either with the alleged occurrence or with the stolen goods. It is further submitted from para-9 of this petition that the petitioner lives separately from his son, namely, Ankit Kumar. The recovered articles belong to his son. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 29.03.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kishanganj P.S. Case No. 130 of 2023 on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.80078 of 2023(2) dt.13-12-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeIst, Kishanganj. (Sunil Kumar Panwar, J) Shubham/- U T