Golu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3493 of 2020 Arising Out of PS. Case No.-642 Year-2019 Thana- MADHAURAH District- Saran ====================================================== Golu Singh Son of Madan Singh Resident of Village - Atta Dakshin Tola, P.S.- Marhowra, Distt - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Marhowra P.S. Case No. 642 of 2019 U.T. No. 126/19, registered for the offence punishable under Sections 399, 302 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act. It is submitted that petitioner has falsely been implicated in this case. Name of this petitioner has come in this case on the basis of confessional statement of co-accused Bajrangi Prasad Yadav from whose possession arms and ammunitions were recovered. So far as this petitioner is concerned, there is no recovery from possession of the petitioner. Save and except confessional statement of co-accused there is no material against this petitioner. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.3493 of 2020(2) dt.29-02-2020 2/2 Considering the facts aforesaid, the petitioner above-named in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Marhowra P.S. Case No. 642 of 2019 U.T. No. 126/19, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T