Golu @ Ujjawal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69867 of 2018 Arising Out of PS. Case No.-249 Year-2017 Thana- GAIGHAT District- Muzaffarpur ====================================================== Golu @ Ujjawal Kumar Son of Ram Uday Singh Resident of VillageBankat,Police Station-Baruraj,Distt.-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pradhan Murli Mohan Prasad, Adv and Mr.

Rajiv Kumar Goswami, Adv For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Gaighat P.S. Case No. 249 of 2017 registered for the offence punishable under Section 395 of the Indian Penal Code.

Informant has alleged that while he and one of his staff were going on motorcycle to deposit cash of Rs. 10,20,000/-, three motorcycle borne miscreants without number plate on their motorcycle came and snatched away cash from the Informant and thereafter three more culprits came on motorcycle without number plate from behind and took away said cash. They had covered their faces as such they could not be identified.

The name of the petitioner has surfaced in this case on

Patna High Court Cr.Misc. No.69867 of 2018(4) dt.19-12-2018 2/3 the basis of confessional statement of co-accused and on his own confession. Except his own confession there is no incriminating material against the petitioner. Nothing has been recovered from the possession of the petitioner. Similarly, situated co-accused person has been granted bail by a coordinate bench of this Court vide order dated 02.11.2018 in Criminal Miscellaneous No. 65170 of 2018. Petitioner has got no criminal antecedent and is in custody since 21.04.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 15th, Muzaffarpur, in connection with Gaighat P.S. Case No. 249 of 2017 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or

Patna High Court Cr.Misc. No.69867 of 2018(4) dt.19-12-2018 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U