Golden Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32482 of 2024 Arising Out of PS. Case No.-401 Year-2022 Thana- DINARA District- Rohtas ====================================================== Golden Patel son of Jai Kumar Singh Resident of Village- Chitwa, P.S.- Dinara, Dist.- Rohtas ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sarfraz Ahmad For the Opposite Party/s :
Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-04-2024 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
2. The petitioner seeks bail in connection with Dinara P.S. Case No. 401 of 2022 registered for the offence under Section 392, 395 and 412 of the Indian Penal Code.
3. The accused/petitioner is not named in the F.I.R. and is in custody since 08.12.2023.
4. The allegation against the petitioner is to commit robbery alongwith other co-accused persons and while committing so taken away four mobile phones which was in possession of informant at the time of occurrence.
5. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused Shubham Kumar
Patna High Court CR. MISC. No.32482 of 2024(2) dt.26-04-2024 2/3 Patel @ Shubham Kumar @ Anurag Kumar, in furtherance of which, no incriminating article recovered/surfaced during course of investigation as to connect the petitioner prima-facie, with the present occurrence of dacoity. It is submitted that petitioner was not put on Test Identification Parade till now. It is submitted that as petitioner was found involved in six more criminal cases of similar nature where he appears implicated also on the basis of confessional statement, for said reason out of police atrocities, petitioner implicated in the present case also without having prima-facie, connecting evidence.
It further pointed out that petitioner is on bail in all six criminal cases and moreover, investigation of this case is completed, charge-sheet has already been submitted and, as such there is no chance of tampering with the evidence. While concluding argument, learned counsel submits that co-accused Shubham Kumar Patel @ Shubham Kumar @ Anurag Kumar has already been granted bail by this Court in Cr. Misc. No. 34036/2023 vide order dated 26.06.2023.
6. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.
7. Considering the aforesaid factual submissions as save except suspicions nothing prima-facie appears
Patna High Court CR. MISC. No.32482 of 2024(2) dt.26-04-2024 3/3 incriminating against the petitioner as to connect him with the present occurrence of dacoity as also he is in custody since 08.12.2023, accordingly, petitioner above named, is directed to be released on bail in connection with Dinara P.S. Case No. 401 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-4th, Rohtas at Sasaram /concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) Rajeev/- U T