Gaurav Kumar @ Gaurav Raj @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4411 of 2024 Arising Out of PS. Case No.-128 Year-2023 Thana- DIDARGANJ District- Patna ====================================================== Gaurav Kumar @ Gaurav Raj @ Chhotu S/O TRIBHUWAN RAI VILLAGEDIDARGANJ, PS. DIDARGANJ, DIST. PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 307, 379/34 of the IPC and section 27 of the Arms Act.

3.

Allegedly, the petitioner is said to have snatched gold chain from the neck of the informant and other F.I.R. named accused persons assaulted him.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific overt act is against

Patna High Court CR. MISC. No.4411 of 2024(2) dt.17-02-2024 2/2 the co-accused Bittu Kumar to have assaulted with rod. The C.C.T.V. footage has not confirmed the said occurrence and the injury was found simple in nature, which is clear from Annexure-P/2 of the bail petition. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Didarganj P.S. Case No.128 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T