Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27438 of 2024 Arising Out of PS. Case No.-322 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== Golu Kumar Son of Dileep Prasad Resident of Village- Makhanpur, Maharajganj, Kurmi Tola, P.S.- Alamganj, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Advocate For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-05-2024 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Alamganj P.S. Case No. 322 of 2023 for the offence under Sections 356 and 379 of the I.P.C. lodged on 14.04.2023 by the informant, Deepak Kumar.
3. As per the prosecution story, it is alleged that four persons tried to snatch the mobile, two of them were apprehended and they subsequently named this petitioner. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that he do not have criminal antecedent, Golu Kumar and Suraj Kumar were apprehended and they named him but nothing has been recovered from his possession.
5. Learned APP opposes the prayer.
Patna High Court CR. MISC. No.27438 of 2024(2) dt.21-05-2024 2/3
6. Taking into account the fact that the name has come in the confessional statement of the apprehended accused persons and the petitioner do not have criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Madhubani in connection with Alamganj P.S. Case No. 322 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his
Patna High Court CR. MISC. No.27438 of 2024(2) dt.21-05-2024 3/3 attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T