Golu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19494 of 2023 Arising Out of PS. Case No.-379 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Golu Thakur S/O Sumit Thakur @Sujit Thakur Resident Of MohallaMission, P.S- Muffasil, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 393 of the Indian Penal Code and Sections 25(1-B)A, 26, 35 of Arms Act. As per FIR, allegation against the petitioner is that he along with other co-accused persons attempting to commit robber from the shop of the informant. It is further alleged that one country made pistol along with three live cartridges was recovered from apprehended co-accused.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has falsely been implicated in this case on the basis of

Patna High Court CR. MISC. No.19494 of 2023(2) dt.19-05-2023 2/2 confessional statement of other co-accused namely, Awanish Singh who was apprehended on spot. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner has also not been put on TI Parade. Moreover, he is languishing in judicial custody since 5.1.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 379 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran.

(Sunil Kumar Panwar, J) Amandeep/- U T