Rajesh Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18150 of 2022 Arising Out of PS. Case No.-34 Year-2021 Thana- KARAKAT District- Rohtas ====================================================== RAJESH KUMAR @ GOLU Son of Sri Tej Narayan Singh @ Choran Singh Resident of Village - Gamhriya, P.S. - Karakat (Gorari), District - Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Singh, Advocate For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under Sections 393 and 411 of the Indian Penal Code in connection with Karakat P.S. Case No. 34 of 2021.

As per the FIR, when the informant was going to the market, he was surrounded by accused persons and they decamped with Rs. 3000/- as also the mobile, Aadhar card, PAN card and ATM of the Allahabad Bank etc.

The further allegation is that the accused persons also committed robbery with one Anoop Kumar. Meanwhile

Patna High Court CR. MISC. No.18150 of 2022(3) dt.13-09-2022 2/3 upon 'hulla', the police arrived and caught hold of Gandhi Chaudhary and on his confessional statement, the name of the petitioner cropped up.

Learned counsel for the petitioner submits that a bare perusal of the seizure list would show that he does not mention the case for which the said list was prepared and when the mobile and other materials were recovered/seized from him, it is surprising that the police chose not to arrest him on that very day and it shows his false implication in this case. Be that as it may, the petitioner is in custody since 6.3.2021, charge-sheet stands submitted and ultimately he has to face the trial, this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-2 Bikramganj, Rohtas, in connection with Karakat P.S. Case No. 34 of 2021 subject to the following conditions:

(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

Patna High Court CR. MISC. No.18150 of 2022(3) dt.13-09-2022 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/Ajay Singh U T