Golu Kumar @ Golu Pandit @ Golu Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35112 of 2021 Arising Out of PS. Case No.-203 Year-2020 Thana- PARSA District- Saran ====================================================== Golu Kumar @ Golu Pandit @ Golu Kumar Tiwari S/O Dinesh Tiwari Resident Of Village - Chetan Parsa, P.S. - Parsa, District - Saran. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Nalin Kumar For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 461, 379 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that on 26.06.2020 at about 7.00 A.M., local people informed him about theft having taken place in his shop. Accordingly, he reached his shop on the said information and found 10 pieces of L.C.D. Television along with other articles as mentioned in the F.I.R. worth Rs. Five Lacs was stolen after breaking the shutter of his shop.

The learned counsel for the petitioner submits that the F.I.R. was against unknown. During the course of investigation, one Kariman Singh was arrested, who disclosed the name of this petitioner as having also participated in the occurrence. The

Patna High Court CR. MISC. No.35112 of 2021(2) dt.13-06-2022 2/2 learned counsel submits that the name of this petitioner transpired in the confessional statement of co-accused in police custody, which has no evidentiary value and the petitioner has been roped in the present case merely because he has one antecedent of similar nature.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Parsa P. S. Case No.203 of 2020 with a condition that one of the bailors shall be the father of the petitioner namely, Dinesh Tiwari, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T