Golu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.1747 of 2018 (2) dt.11-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1747 of 2018 Arising Out of PS.Case No. -101 Year- 2017 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ====================================================== Golu Kumar S/o Pappu Singh, R/o Village- Nai Pokhar , P.S.- Rajgir, District- Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Hansraj, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 19.09.2017 in connection with Rajgir P.S. Case No. 101 of 2017 for the offences alleged under Sections 414/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely on the extra judicial confessional statement of co-accused Shatrudhan Kumar who himself has been granted bail by this Court in Cr. Misc. No. 31647 of 2017. It is submitted that other than such confessional statement, there is no other material to connect the petitioner with the alleged occurrence. It is stated that the other cases in which the petitioner has been made accused have all been instituted after the present case.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.1747 of 2018 (2) dt.11-01-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Nalanda at Biharsharif, in connection with Rajgir P.S. Case No. 101 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T