Golden Gond @ Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28552 of 2023 Arising Out of PS. Case No.-52 Year-2022 Thana- GOPALPUR District- Gopalganj ====================================================== GOLDEN GOND @ GOLU KUMAR Son of Ramashish Gond @ Ramashish Sah Resident of village - Tola Palat Narhawa, P.S. - Gopalpur, Distt. - Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mrs.Madhuri Lata,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-07-2023 Heard learned counsel appearing for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 20.02.2023 in connection with Gopalpur P.S. Case No. 52 of 2022, F.I.R. dated 03.03.2022 registered for the offence punishable under Sections 323,327,109,306,302,34 of IPC.

3. Petitioner is said to have assaulted the son of the informant by tying his hands and threatened him and due to this annoyance, he committed suicide.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Further submits that it appears that initially a complaint case was filed before

Patna High Court CR. MISC. No.28552 of 2023(3) dt.21-07-2023 2/3 the court of learned C.J.M., Gopalganj which was forwarded to the concerned police station under Section 156(3) of Cr.P.C. for instituting the FIR and the present FIR has been instituted on 03.03.2022. Further submits that from bare perusal of the FIR/complaint petition the date of occurrence as alleged in the complaint petition is 14.01.2022 but the so called complaint petition was filed on 16.02.2022. Further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR and the allegation as alleged in the FIR is not supported by medical evidence (postmortem) and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 20.02.2023.

5. Learned APP for the State, on the other hand, has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gopalganj in connection with Gopalpur P.S. Case No. 52 of 2022,with the following conditions:-

Patna High Court CR. MISC. No.28552 of 2023(3) dt.21-07-2023 3/3 (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(II) 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.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T