Abhishek Kumar @ Golu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28411 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- DALSINGHSARAI District- Samastipur ====================================================== ABHISHEK KUMAR @ GOLU Son of Manoj Kumar Chaudhary Resident of Village- Keota Piparpati, P.S.- Dalsingh Sarai, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 28472 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- DALSINGHSARAI District- Samastipur ====================================================== SHUBHAM KUMAR CHAUDHARY @ SHUBHAM CHAUDHARY Son of Late Braj Bhushan Chaudhary Resident of Village- Chandchor Dih, P.S.- Ujiarpuri, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 28411 of 2020) For the Petitioner/s :
Mr.Alok Kumar Sinha For the Opposite Party/s :
Mr.A.G (In CRIMINAL MISCELLANEOUS No. 28472 of 2020) For the Petitioner/s :
Mr.Alok Kumar Sinha For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-01-2021 Heard both parties.
The petitioners seek bail in Dalsinghsarai P.S. Case No. 11 of 2020, registered for the offence punishable under Sections 395, 397 of the Indian Penal Code.
As per prosecution case, on 11.01.2020 some unknown miscreants committed dacoity in the house of
Patna High Court CR. MISC. No.28411 of 2020(3) dt.08-01-2021 2/3 informant.
It is submitted on behalf of the petitioners that FIR is against unknown. Name of petitioners have come in this case during course of investigation on the basis of confessional statement of co-accused Gautam. No stolen articles has been recovered from possession of these petitioners. Till date no test identification parade has been held. Similarly situated coaccused person has been granted regular bail by a coordinate bench of this court vide order dated 21.09.2020 passed in Cr. Misc. No. 25033 of 2020. Chargesheet has already been submitted. Petitioner no. 1 is in custody since 27.02.2020. Petitioner no. 2 is in custody since 25.02.2020. Considering the facts and circumstances of the case, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs.
10,000 (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur in connection with Dalsingsarai P.S. Case No.
Patna High Court CR. MISC. No.28411 of 2020(3) dt.08-01-2021 3/3 Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T