Guddu Kumar @ Guddu @ Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 5586 of 2024 Arising Out of PS. Case No.-79 Year-2023 Thana- SANDESH District- Bhojpur ====================================================== Guddu Kumar @ Guddu @ Guddu Yadav, Male, aged about 27 years S/O Late Baijnath Singh @ Baydnath Singh , Sudhani @ Surni P.O.- Sakhuwa, Ps. Udwant Nagar, Dist. Bhojpur (Ara) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Malti Kumari, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody registered for the offence under Section 392 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of snatching of one mobile and money by the accused persons.

4. Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case due to local party politics. Petitioner is in custody since 01.05.2023.

5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

6.

From perusal of the first information report and the impugned order dated 15.09.2023, it appears that the petitioner is not named in the FIR and there is no recovery from the conscious possession of the petitioner and the name of the petitioner came on the light of the confessional statement of co-

Patna High Court CR. MISC. No. 5586 of 2024(3) dt.20-03-2024 2/2 accused Bittu Kumar and the chargesheet has already been submitted in this case under sections 395 and 414 of the IPC, in these circumstances, the prayer for bail of the petitioner is allowed. Let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with G.R. No.1228 of 2023 arising out of Sandesh P.S. Case No.79 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Bhojpur, Ara. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (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 furnishing bail bond with further condition that the petitioner have to 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