Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11961 of 2019 Arising Out of PS. Case No.-135 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== GOLU KUMAR Son of Parmanand Saw, Resident of Village - Madhopur. P.S.- Bakhtyarpur, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-02-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bakhtiyarpur P.S. Case No. 135 of 2018 for the offences punishable under Sections 395 and 412 of the Indian Penal Code.

The case of the prosecution is that on 17.03.2018 while the informant was returning from his village home on his Bolero vehicle, on the way five accused persons had stopped the vehicle of the informant and had committed robbery as also had snatched the Bolero vehicle and taken away the same, however, subsequently, on being intercepted by the police, three persons including the petitioner were apprehended with the said bolero vehicle. From the possession of the co-accused person, 1⁄2 k.g. ganja, a loaded pistol and four live cartridges were

Patna High Court CR. MISC. No.11961 of 2019(2) dt.26-02-2019 2/2 recovered and for the said recovery a separate case being Bakhtiyarpur P.S. Case No.136 of 2018 has been registered. The learned counsel for the petitioner submits that as far as the main accused person, namely, Randhir Kumar is concerned, he has got bail in both the cases i.e. Bakhtiarpur P.S. Case No. 136 of 2018 and Bakhtiyarpur P.S. Cas No. 135 of 2018 by this Court in Cr. Misc. No. 75786 of 2018 vide order dated 24.01.2019 and in Cr. Misc. No.65993 of 2018 vide order dated 22.11.2018 and the case of the petitioner is on better footing inasmuch as no recovery has been made from him. The petitioner is stated to be involved in one other case i.e. the case arising out of the present case. It is further submitted that the petitioner is languishing in custody since 18.03.

2018. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh, Dist. Patna in connection with Bakhtiyarpur P.S. Case No. 135 of 2018.

Tiwary/- (Mohit Kumar Shah, J) U T