Saurav Kumar @ Golu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72279 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== SAURAV KUMAR @ GOLU DAS Son of Anirudh Das Resident of Gonar Lal Lane Jogsar, P.S.- Adampur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Rs.4,70,000/- and laptop are said to have been robbed from the courier office of the informant by four unknown motorcycle borne criminals.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case merely because he

Patna High Court CR. MISC. No.72279 of 2019(2) dt.11-12-2019 2/3 happens to be friend of co-accused Anand Yadav. No incriminating article has been recovered from the conscious physical possession of the petitioner. There is nothing cogent on record indicating the complicity of the petitioner in the occurrence barring confessional statement of co-accused Anand Yadav, which has no evidentiary value in the eye of law. Though in course of investigation, petitioner was found interacted with co-accused Anand Yadav on mobile on the date of occurrence preceding to that but merely interaction with co-accused Anand Yadav on mobile cannot implicate the petitioner in the occurrence. Petitioner was not put on T.I.P. Charge sheet has been submitted in this case. Co-accused, namely, Gourav Goswami @ Baba has been enlarged on bail by a co-ordinate bench of this court vide order dated 30.07.2019 passed in Cr. Misc. No. 47029 of 2019. The petitioner has no criminal antecedent and has been languishing in custody since 05.08.2019.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, 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

Patna High Court CR. MISC. No.72279 of 2019(2) dt.11-12-2019 3/3 of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Bhagalpur in connection with Mojahidpur P.S. Case No.41 of 2019. (Prakash Chandra Jaiswal, J) amit/- U T