Patna High CourtCR. MISC./23553/2024bail granted

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

2024-03-20Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23553 of 2024 Arising Out of PS. Case No.-171 Year-2023 Thana- RASULPUR District- Saran ====================================================== Golu Kumar Singh @ Golu Singh @ Tiger Son of Rakesh Kumar Singh @ Bhuttu Singh Resident of Village - Ramchandarpur, Police Statoin- Thawe, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary,Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-03-2024 Heard Mr.Ajay Kumar Tiwary,learned counsel for the petitioner and Mr.Bhanu Pratap Singh, learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Rasulpur P.S.Case No.171 of 2023, FIR dated 26.06.2023 registered for the offences punishable under Sections 386,387,307/34 of IPC and Section 27 of the Arms Act.

3. Brief case of the prosecution is that Shambhu Singh is informant of this case and two accused namely Chandan Singh and Tiger demanded ransom from him through Whatsapp a month ago of this incident. Accused persons of this case reached to brick kiln of informant on 26.6.2023 at 7.30 O'clock in the morning and total 9 accused persons were there on three

2/4 motorcycles and they were armed with country made pistol and other arms. They demanded ransom of Rs. 5 lakh from informant and they also assaulted and abused him on refusal. Labors working on brick kiln reached there on alarm and accused persons ran away from there. Informant identified three accused persons namely Rohit @ Sunny Singh and Tiger Singh name of father not know to him, Chandan Singh name of father not known to him. Accused Chandan Singh collected all other accused persons for demanding ransom.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of re-statement of the informant. Further submits that except the aforesaid, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and apart from that the petitioner and the informant have filed a compromise petition before the learned court below on 27.02.2024 and which is pending before the learned court below for consideration.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

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6. Considering the aforesaid facts, petitioner has clean antecedent and the name of the petitioner has been transpired during investigation on the basis of re-statement of the informant, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Chapra, Saran in connection with Rasulpur P.S.Case No.

171 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) 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.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at

4/4 any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T