Golu Kumar @ Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5836 of 2023 Arising Out of PS. Case No.-523 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== GOLU KUMAR @ VIJAY KUMAR S/o Kanhaiya Prasad R/o VillageIslambag Nakchhed Tola, P.S.- Town, Distt- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Town P.S. Case No. 523 of 2021 dated 21.08.2021 registered for the offences punishable u/s 457, 380 of the Indian Penal Code.

As per the prosecution case, the informant went to attend 'Sharadh' karma thereafter the neighbour informed him about the breaking of lock of his house. When the informant reached his house, he found the lock opened and the lock of the

Patna High Court CR. MISC. No.5836 of 2023(2) dt.05-05-2023 2/3 Godrej was also broken. Further, the informant found that all the golden chains, necklace, ear rings, nose rings, bangles, Tika and Mangalsutra of his wife, his mother, his grand mother and sister were missing.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of coaccused. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.08.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Town P.S. Case No. 523 of 2021.

Patna High Court CR. MISC. No.5836 of 2023(2) dt.05-05-2023 3/3 The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T