Golu Singh @ Golu Kumar @ Pahlawan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21106 of 2022 Arising Out of PS. Case No.-140 Year-2021 Thana- RAMKRISHNANAGAR District- Patna ====================================================== GOLU SINGH @ GOLU KUMAR @ PAHLAWAN S/o Ram Vijay Singh @ Tuntun Singh @ Tuntun R/o village and P.O.- Kobil, P.S.- Islampur, DistrictNalanda, at present residing at the House of Ranjit Singh, Bahadurpur Bagicha, P.S.- Bahadurpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 09-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ram Krishna Nagar P.S. Case No. 140 of 2021 registered for the offences punishable under Sections 457, 380, 411 of the Indian Penal Code.

As per prosecution case, the informant gave a typed application to S.H.O. of Ram Krishna Nagar police station alleging therein that he is at present residing in the house of one

2/4 Dharm Raj, Mohalla-Nand Lal Chapra, P.S. Ram Krishna Nagar, Patna and is studying. The informant further alleged that on 28.03.2021 he went to his native village on occasion of Holi, and on 30.03.2021 in the morning, his landlord informed that theft has been committed in residence of both informant and landlord. Then informant came to his residence and found that cash Rs. 20,000/-, pen drive and Titan Watch all costing Rs. 25,000/- has been stolen.

The informant further alleged that then he watched CCTV camera installed in the house of his landlord and found that one person was on motorcycle and another person wearing T-shirt and half pant, stopped his blue colour scooty at the corner of his house, went into the house, stayed there for 15-20 minute and came into main road and after one hour went with his scooty, then informant and his landlord started searching the said person and scooty. The informant further alleged that on enquiry the present petitioner disclosed his identity and address and Rs. 5000/- has been recovered from him. The informant further alleged that when he checked his wallet he found Rs. 5000/- was missing. The informant further alleged that petitioner told them that he was committing theft.

Learned counsel for the petitioner submits that petitioner is in custody since 08.04.

3/4 antecedent. He further submits that petitioner is innocent and has not committed any offence as alleged in the FIR. He further submits that trial is in progress.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody and also taking into consideration the material available on record, let the petitioner above named be released on bail, if the trial is not concluded preferably within six months from the date of receipt/production of copy of this order, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-cum Sub Judge-XIII, Patna in connection with Ram Krishna Nagar P.S. Case No. 140 of 2021, subject to following conditions:- (i) One of the bailor shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned

4/4 Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T