Patna High CourtCR. MISC./10363/2024bail granted

Guddu Kumar v. The State Of Bihar

2024-02-21Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10363 of 2024 Arising Out of PS. Case No.-335 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== Guddu Kumar, aged about 23 years, Male, Son of Surendra Yadav R/o vill - Dhanawan, P.S. - Bodh Gaya, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjani Kumar Jha, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Kotwali P.S. Case No.335 of 202 registered for an offence punishable under Section 379 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of theft of a motorcycle of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and the petitioner is not named in the FIR and no any incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 10.11.2022.

5. Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.10363 of 2024(2) dt.21-02-2024 2/2 regular bail of the petitioner.

6. Considering the aforesaid facts and period of custody of the petitioner, the prayer for regular bail of the petitioner is allowed. Accordingly, let the above named petitioner be released on bail after framing of the charge on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Anish Kumar, Judicial Magistrate, Ist Class, Gaya in connection with Kotwali P.S. Case No. 335 of 2022.

7. The trial Court is directed to conclude the proceeding of framing of charge according to the law within a period of fifteen days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted, then the above named petitioner shall be released on bail on above conditions and the petitioner shall be present physically on each and every date before the trial Court till conclusion of the proceeding of framing of charge. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T