Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84923 of 2024 Arising Out of PS. Case No.-355 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Gautam Kumar S/o Ramvilas Chauhan Village- Akauna Minhai, Akauna Bazar, P.S.- Mufassil, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivek Kumar Sinha For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-03-2025 Heard Mr. Vivek Kumar Sinha, learned counsel for the petitioner and Mr. Chandra Bhushan Prasad, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 309(4) of the BNS Act.

3. The case of the prosecution is that on 07.09.2024 at about 09:00 PM, two individuals hired a toto for a fare of Rs. 200/-, instructing him to go to Steel Nagar and in the said course, when they reached near Paharpur, two individuals were standing beside an Apache bike, suddenly stopped the toto and then forcefully snatched the vehicle from him and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.84923 of 2024(3) dt.20-03-2025 2/2 falsely been implicated in this case. It is also submitted that in this case, the FIR lodged against unknown miscreants. During course of investigation, Laxman Kumar has given his confessional statement and in his confessional statement the name of this petitioner has surfaced. It is also submitted that till today no TIP of the toto of the accused person has been conducted. From perusal of the case diary of para-45, it transpires that the toto was recovered on the disclosure of the accused person. It is further submitted that the petitioner is languishing in judicial custody since 12.09.2024.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mufassil P.S. Case No. 355 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of ACJM-I, Nawada. (Ashok Kumar Pandey, J) Sudhanshu/- U T