Golu @ Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10222 of 2024 Arising Out of PS. Case No.-447 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Golu @ Dheeraj Kumar S/O Mukesh Kumar Singh R/O Village- Ram Dihal Tola, P.S- Chandi, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with S. Tr. No. 356 of 2023 arising out of Udwant Nagar P.S. case No. 447 of 2022 instituted for the offences under Sections 395, 412 and 120B of the Indian Penal Code.

3. Prosecution case, in short, is that on 21.09.2022 when the informant was returning home from Chapra, in the meantime, some miscreants intercepted and looted cash of Rs. 30,000/- and other articles.

Patna High Court CR. MISC. No.10222 of 2024(2) dt.21-02-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired during investigation investigation only on the basis of confessional statement of the co-accused, Jai Prakash @ Nirahua. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submitted that no T.I. parade has been conducted till date. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.09.2022 and has eleven criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S. Tr. No. 356 of 2023, arising out of Udwant

Patna High Court CR. MISC. No.10222 of 2024(2) dt.21-02-2024 3/3 Nagar P.S. case No. 447 of 2022 with the condition that petitioner shall co-operate during the trial. (Rudra Prakash Mishra, J) Alok Verma/- U T