Gopal Kumar Gharami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1524 of 2025 Arising Out of PS. Case No.-309 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Gopal Kumar Gharami, S/o Late Amul Gharami, aged about 35 years, R/o vill - Sikariya Colony, P.S. - Yogapatti, Lauriya, Distt. - West Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rishabh Mishra, Advocate For the Opposite Party :

Mr. Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Lauriya P.S. Case No. 309 of 2024 dated 13.09.2024 registered for the offences punishable under Sections 303(2), 317(4), 317(5), 338, 336(3), 340(2) read with Section 3(5) of the B.N.S., 2023.

3. As per the prosecution case, on 13.09.2024, the police received a secret information that the co-accused Murari Prasad has kept stolen motorcycles in part by part in his scrap shop to sell. On this information, the police and other officials went at his shop and apprehended Murari Prasad and Suraj Kumar and also recovered various parts of the motorcycles and he has also disclosed that the co-accused Suraj Kumar after

Patna High Court CR. MISC. No.1524 of 2025(3) dt.30-04-2025 2/3 committing theft of the motorcycles from different places of Bettiah gave to Kalim Mian and thereafter Kalim Mian dismantled the said motorcycles and thereafter Murari Prasad used to sell it. He has also stated that one of the stolen motorcycles had been given to Gopal Kumar Gharami (petitioner) who has installed in his Thela. Thereafter, police raided the house of the petitioner and recovered one Thela with engine of the motorcycle and one another motorcycle from his house.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that no incriminating article has been recovered from his possession. There is no specific allegation against the petitioner. The name of the petitioner has surfaced in the present case on the basis of the confessional statement of the co-accused Murari Prasad who has got no evidentiary value in the eyes of law. There is no eye witness to the alleged offence. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 13.09.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Patna High Court CR. MISC. No.1524 of 2025(3) dt.30-04-2025 3/3

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 309 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T