Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77408 of 2019 Arising Out of PS. Case No.-273 Year-2019 Thana- KHIJARSARAI District- Gaya ====================================================== GAUTAM KUMAR Son of Anil Kumar Resident of Village - Uchauli, Police Station - Khizar Sarai, District - Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No. 2, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Khizar Sarai P.S. Case No. 273 of 2019, disclosing the offences under Sections 414, 420, 467, 468, 471 and 34 of the Indian Penal Code.

The petitioner is in custody since 16.09.2019. Allegedly a stolen Sumo vehicle was recovered by the police and the petitioner who was standing nearby is said to have admitted the fact that he had purchased the vehicle from one Vivek Kumar, a co-accused.

Learned counsel appearing on behalf of the petitioner has submitted that the First Information Report does not suggest

Patna High Court CR. MISC. No.77408 of 2019(2) dt.10-01-2020 2/2 that it was the petitioner, who was involved in theft of the vehicle, and he has been made accused with the allegation that he purchased a stolen vehicle which was found in his possession.

Considering the above, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-4th, Gaya, in connection with Khizar Sarai P.S. Case No. 273 of 2019, subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T