Golu @ Parvez v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3477 of 2020 Arising Out of PS. Case No.-896 Year-2018 Thana- KOTWALI District- Patna ====================================================== GOLU @ PARVEZ Son of Md. Mahtab Resident of Village - Kamla Nehru Nagar , P.S.- Kotwali, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 401, 411, 413, 414, 379 and 120B of the I.P.C.

Allegation against petitioner is of recovery of nine stolen motorcycles from his possession.

Petitioner had earlier moved this Court for regular bail vide Cr. Misc. No. 41602 of 2019 which was disposed of on 27.09.2019 with liberty to petitioner to renew his prayer for bail after one year of custody in jail.

Patna High Court CR. MISC. No.3477 of 2020(2) dt.12-06-2020 2/3 It is submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case. Nothing was recovered from his possession. Similarly placed coaccused, namely, Vishal Kumar, Manthan Kumar, Deepak Kumar, Md. Rizwan Quraishi and Md. Changu @ Md. Wasim have been granted bail by a co-ordinate Bench of this Court vide order dated 05.03.2019 passed in Cr. Misc. No. 22413 of 2019, vide order dated 02.04.2019 passed in Cr. Misc. No. 24074 of 2019, vide order dated 08.04.2019 passed in Cr. Misc. No. 26272 of 2019, vide order dated 20.09.2019 passed in Cr. Misc. No. 68247 of 2019 and vide order dated 23.09.2019 passed in Cr. Misc. No. 69048 of 2019 respectively. Petitioner is in custody since 27.12.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kotwali P.S. Case No. 896 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property

Patna High Court CR. MISC. No.3477 of 2020(2) dt.12-06-2020 3/3 within the jurisdiction of the court concerned.

(2) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/rajivU T