Golu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21389 of 2021 Arising Out of PS. Case No.-82 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== Golu Sah, S/O Pradeep Sah @ Pradip Shah, R/O Village Vishunpur Baghnagari, PS- Sakra, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hari Kishore Thakur, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Allegation against the petitioner alongwith other accused persons is said to have looted the motorcycle, mobile phone and cash Rs.65,000/- from the informant and also assaulted him.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR. On the basis of confessional statement of co-accused, he

Patna High Court CR. MISC. No.21389 of 2021(2) dt.30-07-2021 2/2 has been made accused in the present case. There is no any incriminating articles has been recovered from the possession of the petitioner. There is no T.I. Parade till date. The petitioner is languishing in judicial custody since 27.01.2021. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. Charge sheet has been submitted under Sections 395 and 412 of the Indian Penal Code. The similarly situated co-accused have been granted bail by different coordinate Benches of this Court, which is as Annexure-2 series of the bail application.

Learned APP for the State vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Sakra P.S. Case No. 82/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T