Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33536 of 2017 Arising Out of PS.Case No. -17 Year- 2015 Thana -BARAUNI RAIL P.S. District- BEGUSARAI ====================================================== Golu Kumar son of Ram Sharan Singh resident of Village Ramdih, Tola Mahaji, P.S. Matihani, District Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-07-2017 Heard the learned counsel for the petitioner. The petitioner seeks regular bail in connection with Barauni P.S. Case No. 17 of 2015 registered for the offence punishable under Sections 379 of the Indian Penal Code. According to the informant, while he was proceeding by train along with his arms, he felt asleep and in the meantime somebody stole his carbine. When the informant woke up, he found that his carbine and magazine were not there. The FIR was lodged against unknown persons.

The learned counsel for the petitioner submits that the FIR has been lodged against unknown persons, no recovery has been made from the petitioner, recovery of said carbine is said to have been made from the possession of one Ravi Kumar @ Lolwa and as far

Patna High Court Cr.Misc. No.33536 of 2017 (2) dt.20-07-2017 2/2 as criminal antecedent is concerned, the petitioner is accused in one case, namely, Motihari P.S. Case No. 104 of 2015 in which he is on bail. It is further submitted that the petitioner is in custody since 25.02.2016 and similar accused persons have been granted bail by this Court vide order dated 29.08.2016 passed in Cr. Misc. No. 35577 of 2016.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Barauni, Begusarai in connection with Barauni Rail P.S. Case No. 17 of 2015.

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