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Patna High CourtCR. MISC./3940/2023allowed

Golu Kumar @ Golu Kumar Singh v. The State Of Bihar

2023-04-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3940 of 2023 Arising Out of PS. Case No.-339 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== Golu Kumar @ Golu Kumar Singh S/O Pramod Singh R/V- Kuari Madan, P.S.- Majarganj, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Kanahiya Kishore ,App, 100 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 379 of the Indian Penal Code.

As per prosecution case, informant alleged that on 08.08.2022 as usual he parked his motorcycle outside his home bearing Reg. No. BR30Z-3555, which was stolen by unknown persons. Thereafter this case has been lodged. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous criminal antecedent. Neither petitioner is named in the FIR nor any incriminating article has been recovered from his possession.

Patna High Court CR. MISC. No.3940 of 2023(2) dt.04-04-2023 2/2 This petitioner was remanded in this case only on the basis of confessional statement of co-accused Kamlesh Sahni. It is further submitted that the petitioner is languishing in judicial custody since 14.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Riga P.S. Case No. 399 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sitamarhi.

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