Golu Kumar @Golu Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.2171 of 2017 (2) dt.30-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2171 of 2017 Arising Out of PS.Case No. -417 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== GOLU KUMAR @GOLU SINGH S/o - Rajiv Singh @ Rajiv Kumar Singh R/o - Barauni Flag, P.S. - Teghra, Dist - Begusarai..... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 417 of 2016 registered for the offences punishable under Sections 379, 420 of the Indian Penal Code. Allegedly, the informant withdrew Rs. 1,000/- through ATM card issued in the name of his mami Pratibha Devi then two unknown persons changed his ATM card on the plea to check the clearance and thereafter, they fraudulently withdrew Rs. 37,000/-. Submission is of false implication and that the petitioner is not named in the first information report, he is in custody since 18.10.2016 but he has not been put on test identification parade, nothing has been recovered from possession of the petitioner and only on the basis of confessional statement he is suffering in custody. The petitioner has got only one case bearing Begusarai

Patna High Court Cr.Misc. No.2171 of 2017 (2) dt.30-01-2017 Town P.S. Case No. 466 of 2016, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Nagar P.S. Case No. 417 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T