Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83454 of 2023 Arising Out of PS. Case No.-379 Year-2022 Thana- DESARI District- Vaishali ====================================================== Guddu Kumar Son Of Devendra Chaudhary R/O Village- Paharpur, P.S.- Jurawanpur, Dist.- Vaishali ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 397 and 307 of the Indian Penal Code.
3. As per prosecution case, about 5-6 accused persons overtook the pick-up van and looted the household articles loaded in it and assaulted the informant and his brother-in-law with iron rod.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional
Patna High Court CR. MISC. No.83454 of 2023(2) dt.16-01-2024 2/2 statement of co-accused Rahul Kumar and he has already been granted bail by a Co-ordinate Bench vide order dated 17.08.2023 passed in Cr. Misc. No. 4681 of 2023. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 01.03.2023.
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 as well as period of custody, 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/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali, Hajipur in connection with Desari P.S. Case No. 379 of 2022. (Sunil Kumar Panwar, J) Arish/- U T