Golu Kumar @ Golu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16927 of 2023 Arising Out of PS. Case No.-131 Year-2022 Thana- HABIBPUR District- Bhagalpur ====================================================== GOLU KUMAR @ GOLU CHOUDHARY Son of Late Bablu Choudhary Resident of Village- Diwanpokhar Satghara, P.S.- Habibpur, DistrictBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Habibpur P.S. Case No. 131 of 2022 dated 12.8.2022 registered for the offences punishable u/s 394 of the Indian Penal Code and Section 25(1-b) of the Arms Act.

As per the prosecution case, two miscreants entered the house of the informant and pressed her mouth and started assaulting. It is further alleged that they snatched her silver

Patna High Court CR. MISC. No.16927 of 2023(2) dt.11-05-2023 2/3 chain and golden ear ring and they also demanded money and key of box on the point of weapon. On being objected, she was also assaulted and due to which she sustained injuries. On 'Hulla', villagers came and one of the miscreants was apprehended who disclosed his name as Johny Ravidas. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of coaccused Johny Ravidas who has already been granted bail by the Coordinate Bench of this Court vide order dated 6.4.2023 passed in Cr. Misc. No. 9892 of 2023. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.11.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.16927 of 2023(2) dt.11-05-2023 3/3 the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Habibpur P.S. Case No. 131 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T