Ashutosh Kumasr @ Golu @ Morya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8961 of 2025 Arising Out of PS. Case No.-338 Year-2023 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Ashutosh Kumar @ Golu @ Morya S/o Ram Rekha Prasad R/o vill -Madhaipar @ Madhaipur, Ps- Dalsingsarai, District- Samstipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha, Advocate For the Opposite Party/s :
Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-02-2025 Heard Mr.Sabal Kumar Jha, learned counsel for the petitioner and Mr.Tarun Prasad Mandal, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 01.01.2024 in connection with Mohiuddin Nagar P.S. Case No. 338 of 2023, F.I.R. dated 11.12.2023 registered for the offence punishable under Section 395 of IPC.
3. The FIR of the occurrence of dacoity is against unknown.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of the
Patna High Court CR. MISC. No.8961 of 2025(2) dt.14-02-2025 2/3 confessional statement of co-accused person, namely, Subodh Kumar and till date no TIP has been conducted by the prosecution and the petitioner has been remanded from Mohiuddin Nagar P.S.Case No.01/2024 in the present case and the petitioner is in custody since 01.01.2024.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries five more cases other than the present one but he fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, petitioner is not named in the FIR, the name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person, namely, Subodh Kumar and till date no TIP has been conducted by the prosecution, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Classcum-Additional Munsif, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 338 of 2023, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.8961 of 2025(2) dt.14-02-2025 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T