Santosh Rai @ Golu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29291 of 2025 Arising Out of PS. Case No.-63 Year-2020 Thana- RAGHOPUR District- Vaishali ====================================================== Santosh Rai @ Golu Rai S/o Indradeo Rai R/o vill - Sukumarpur, P.s.- Raghopur, Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar, Adv.
For the Opposite Party/s :
Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Raghopur (Rustampur O.P.) P.S. Case No. 63 of 2020 dated 04.05.2020 registered for the offences punishable under Section 414 read with Section 34 of the I.P.C.
3. As per the prosecution case, on 03.05.2020 at 8.30 P.M., the informant had received a secret information that the co-accused Satish Rai, Vicky Sah, Golu Kumar (petitioner), Sanjeet Kumar, Sonu Kumar Das, Sanjeet Kumar, Saroj Rai, Kanchan Rai and Vijay Rai have kept stolen motorcycles in the huts near their houses and indulged in buying and selling stolen motorcycles. On which, the informant alongwith the police
Patna High Court CR. MISC. No.29291 of 2025(2) dt.14-07-2025 2/3 party raided the spots and recovered a huge number of motorcycles from the places of the petitioner and other coaccused persons. The search of the house and nearby places of the petitioner led to recovery of one red coloured Hero Glamour Motorcycle with Reg. No. BR01DT 9150 and one black coloured Hero Honda Splendor without number plate from the bank of the west river of the petitioner's house.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that no incriminating article has been recovered from the possession of the petitioner rather the alleged stolen motorcycles have been recovered from the river side. The petitioner has no connection either with the stolen motorcycles or with the co-accused persons. The name of the petitioner has surfaced in the present case on the basis of disclosure made by local Chaukidar. There is no statutory compliance of Section 103 of the B.N.S.S., 2023. The petitioner was not present on the alleged date and time of occurrence at his house. It is further submitted that the co-accused person has already been granted regular bail by this Court vide Cr. Misc. No. 4694/2025 under order dated 03.04.2025. The petitioner has nine criminal antecedents as stated in paragraph no. 3 of the bail
Patna High Court CR. MISC. No.29291 of 2025(2) dt.14-07-2025 3/3 petition. The petitioner is in custody in this case since 01.02.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Vaishali at Hajipur in connection with Raghopur (Rustampur O.P.) P.S. Case No. 63 of 2020 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T