Deep Gowala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86408 of 2019 Arising Out of PS. Case No.-602 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== DEEP GOWALA Son of Jabbar Gowala Resident of Village- Aashrampara, P.S.- Rajganj, District- Silligudi (West Bengal). ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Uma Shankar Prasad Singh,Advocate For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Hajipur Sadar P.S. Case No. 602 of 2019 registered for the offences punishable under Sections 467, 468, 414/34 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 12.09.2019 for alleged recovery of one knife and one mobile from his possession. It is further submitted that the co-accused Kunal Kumar Yadav from whose possession one loaded country made pistol was recovered has been granted bail by a learned co-ordinate Bench of this Court today itself in Cr. Misc. No. 86681 of 2019. It is further submitted that there is no case of theft in respect of the

Patna High Court CR. MISC. No.86408 of 2019(2) dt.18-01-2020 2/3 motorcycle.

Learned APP for the State has opposed the prayer of regular bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that allegedly from possession of this petitioner one knife was recovered from his pocket with one mobile and that the coaccused Kunal Kumar Yadav from whose possession one loaded country made pistol was recovered has been granted bail by a learned co-ordinate Bench of this Court today itself in Cr. Misc. No. 86681 of 2019 and further submission is that the petitioner in this case is in custody since 12.09.2010, investigation against him is complete and there is no case of theft in respect of the motorcycle, let the petitioner above named be released on bail in connection with Hajipur Sadar P.S. Case No. 602 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hazipur, subject to the condition as laid down under Section 437

(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,

Patna High Court CR. MISC. No.86408 of 2019(2) dt.18-01-2020 3/3 (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) avin/- U T