Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26203 of 2022 Arising Out of PS. Case No.-358 Year-2021 Thana- UCHKAGAON District- Gopalganj ====================================================== Golu Kumar Son Of Chhoteylal Sah @ Chhotelal Sah Resident Of Village - Balesra, P.S.- Uchkagaon, Distt.- Gopalganj, Bihar. ... ... Petitioner/S

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Uchkagaon P.S. Case No. 358 of 2021 lodged under Section 395 of Indian Penal Code.

As per the prosecution case, the event of Decoity took place in the jewellery shop which was alleged to be committed by six unknown criminals.

Learned counsel for the petitioner submits that F.I.R. has been filed against six unknown persons. He submits that police has arrested one Saddam Nat and the said Saddam Nat had disclosed the name of five persons. In this view, total six

Patna High Court CR. MISC. No.26203 of 2022(2) dt.18-08-2022 2/3 accused persons were identified. But, Saddam Nat has not disclosed the name of the petitioner. His name has figured in this case by virtue of other accused person.

Learned counsel for the petitioner submits that nothing was recovered from his possession and no T.I.P. has taken place. He submits that petitioner is in custody since 17.02.2022, charge sheet has already been filed in this case. He further submits that he has one criminal antecedent which is related to Excise Act, in which he is on bail. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Gopalganj in connection with Uchkagaon P.S. Case No. 358 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates

Patna High Court CR. MISC. No.26203 of 2022(2) dt.18-08-2022 3/3 without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sanjeev/- U T