Golu Kumar @ Golu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28919 of 2020 Arising Out of PS. Case No.-186 Year-2019 Thana- GOPALPUR District- Gopalganj ====================================================== GOLU KUMAR @ GOLU KUMAR SINGH Son of Jitan Singh Resident of Village- Kishunpura, P.S.- Basantpur, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Sharma For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-11-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Sri Ashok Kumar, the learned APP for the State. The petitioner seeks regular bail in connection with Gopalpur PS case no. 186 of 2019 instituted for the offences punishable under Section 392 of Indian Penal Code. The allegation is regarding three miscreants, riding on two motorcycles having apprehended the informant while he was going back to his home on the alleged date and time of occurrence, whereafter they had snatched his motorcycle, a sum of Rs. 1,000/- and a mobile phone and then they had fled away.

Patna High Court CR. MISC. No.28919 of 2020(2) dt.13-11-2020 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that only because of the bad antecedent of the petitioner herein, he has been falsely implicated in the present case. It is further submitted that no test identification parade has been held so as to connect the petitioner with the alleged crime and as far as the present case is concerned, the petitioner is languishing in custody since 27.02.2020.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the parties and taking into account the fact that no test identification parade has been held so as to connect the petitioner with the alleged crime and moreover, the F.I.R. has been lodged against unknown persons, I deem it fit and appropriate to direct for release of the petitioner on bail, however subject to certain conditions. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st class, Gopalganj in connection with Gopalpur PS case no. 186 of 2019.

Patna High Court CR. MISC. No.28919 of 2020(2) dt.13-11-2020 3/3 This Court further directs that since the investigation of the present case is going on, the petitioner herein shall appear before the Officer-in-charge of the concerned police station on each and every Thursday of the week at 10.00 AM and co-operate with the Investigating Officer and in case of two consecutive defaults in appearing before the said Officer-in-charge, the present privilege of bail being granted to the petitioner herein shall stand cancelled automatically and the petitioner would be taken into custody forthwith.

(Mohit Kumar Shah, J) rinkee/- U T