Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27236 of 2022 Arising Out of PS. Case No.-628 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== GOLU KUMAR S/o Shankar Paswan R/o village- Gachhi Tola, Ward No. 32, P.S.- Nagar, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar Sinha For the Opposite Party/s :
Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 13-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Town P.S. Case No. 628 of 2021 registered for the offences punishable under Sections 379/411 of the Indian Penal Code. As per prosecution case, the informant Nauratan came from Kasba-Ballia to Begusarai by Tempo and she left the Tempo, the informant has a Jhola with Rs. 35,000/- and two golden sets of Jumka and earring. In the meantime Golu Kumar, petitioner, who was present there snatched the purse of informant and started fleeing away. Local people caught the accused and delivered the purse of informant, thereafter police
Patna High Court CR. MISC. No.27236 of 2022(2) dt.13-07-2022 2/3 came and on interrogation apprehended person disclosed his name as Golu Kumar (petitioner) from his possession one purse, Aadhar Card, PAN Card, Nokia mobile were recovered. Learned counsel for the petitioner submits that petitioner is in custody since 17.10.2021. Petitioner bears criminal antecedent of two cases. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Begusarai in connection with Town P.S. Case No. 628 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn
Patna High Court CR. MISC. No.27236 of 2022(2) dt.13-07-2022 3/3 the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) amitkr/- U T