Patna High CourtCR. MISC./29000/2024bail granted

Goltu @ Md. Farhan @ Mohammad Farhan @ Goltu Kumar v. The State Of Bihar

2024-04-20Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29000 of 2024 Arising Out of PS. Case No.-320 Year-2023 Thana- MUZFFARPUR GRP CASE DistrictMuzaffarpur ====================================================== Goltu @ Md. Farhan @ Mohammad Farhan @ Goltu Kumar Son of Mohammad Lal babu @ Laloo @ Lal Babu Resident of Mohalla- Ramraji Road Buxy Colony, P.S.- Kazimohammadpur, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Anis Akhtar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Muzaffarpur GRP P.S. Case No. 320 of 2023 instituted for the offences under Sections 401, 413, 414 of the Indian Penal Code and Section 22(a) of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 17 Ativan tablets from other co-accused person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner was not apprehended on spot. The name of the petitioner has come into light on the basis of confessional

Patna High Court CR. MISC. No.29000 of 2024(2) dt.20-04-2024 2/3 statement of apprehended co-accused person, which has no evidentiary value in the eyes of law. The petitioner has got no concern with the alleged recovery. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has been remanded in this case from Rail P.S. Case No. 307 of 2023. The provision of Section 100 of the Cr.P.C. has not been followed in this case, while preparing the seizure list. Charge-sheet has been submitted in this case. The petitioner is in custody since 16.09.2023 and has five criminal antecedents in which he is all on bail.

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

6. Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muzaffarpur GRP P.S. Case No. 320 of 2023, Subject to following conditions: (i) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.29000 of 2024(2) dt.20-04-2024 3/3 (ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

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

(Rudra Prakash Mishra, J) Arish/- U T