Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83101 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== Guddu Kumar Son Of Puran Sahani Resident Of Village- Bathaul, Police Station- Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Smiti Bharti For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 395, 397 of the Indian Penal Code.

It is a case of commission of robbery in the house of the informant by 4-5 unknown miscreants. The accused persons also took away cash of Rs. 40,000/- from the sleeveless coat of the informant and a mobile phone.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.83101 of 2023(2) dt.04-01-2024 2/3 been implicated in this case. The petitioner is not named in the F.I.R nor he was apprehended from the spot. The petitioner has been roped in the present case only on the confessional statement of co-accused Manjay Kumar which has no evidentiary value in the eye of law. Moreover, nothing has been recovered from the conscious possession of the petitioner and the petitioner has still not been put on T.I.P. The petitioner has been remanded in this case on 23.08.2023 and since then he is in custody.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Nanpur

Patna High Court CR. MISC. No.83101 of 2023(2) dt.04-01-2024 3/3 P.S. Case No. 106 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T