Patna High CourtCR. MISC./2310/2024allowed

Gautam Kumar v. The State Of Bihar

2024-04-26Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2310 of 2024 Arising Out of PS. Case No.-269 Year-2023 Thana- SONEPUR District- Saran ====================================================== Gautam Kumar S/O Teriveni Sah Village- Takshala, Ps. Lalganj, Dist. Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manjeet Kumar Bishen For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 396 of the Indian Penal Code and Section 27 of Arms Act.

3. It is a case of bank docoity. Five unknown miscreants are alleged to have entered in the bank and started indiscriminate firing due to which two police constables sustained gunshot injury and died. The accused miscreants looted away Rs. 13,28,157/- from the bank.

Patna High Court CR. MISC. No.2310 of 2024(5) dt.26-04-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The case has been lodged against unknown. The name of the petitioner sprang up in this case on the basis of confessional statement of co-accused Md. Jasmin which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Except confession of the coaccused, nothing has come against the petitioner. The petitioner is languishing in judicial custody since 02.06.2023.

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 as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sonpur

Patna High Court CR. MISC. No.2310 of 2024(5) dt.26-04-2024 3/3 P.S. Case No. 269 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge, Saran at Chhapra.

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