Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6255 of 2023 Arising Out of PS. Case No.-157 Year-2022 Thana- SANDESH District- Bhojpur ====================================================== GOLU KUMAR Son of Late Brahm Yadav R/v- Chhokti Sanadiya, P.S.- Ara Mufassil, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-06-2023 Heard learned counsel appearing on behalf of the parties.

The petitioner seeks bail in connection with Sandesh P.S. Case No. 157 of 2022 registered for the offence under Section 394 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 15.09.2022.

The allegation against the petitioner is to commit robbery along with other co-accused persons and while committing so, taken away one Mahendra Truck having cash of Rs. 20,000/- also, which was in possession of informant during course of occurrence.

Patna High Court CR. MISC. No.6255 of 2023(3) dt.22-06-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in FIR, where, his name surfaced, during course of investigation, on the basis of confessional statement of co-accused, namely, Raju Kumar, where, in furtherance thereof, no incriminating material recovered/surfaced, which may connect this petitioner, prima facie, with present occurrence of robbery. It is submitted that petitioner was not put on TIP, as yet. While concluding the argument, it is submitted that petitioner found involved in 02 more criminal cases and moreover, investigation of this case has completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as save and except confession nothing appears against this petitioner to connect him, prima facie, with the present occurrence of robbery coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 15.09.2022, let the petitioner, above named, is directed to be released on bail in connection with Sandesh P.S. Case No. 157 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten

Patna High Court CR. MISC. No.6255 of 2023(3) dt.22-06-2023 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T