Golu Thathera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31637 of 2019 Arising Out of PS. Case No.-146 Year-2018 Thana- BEUR District- Patna ====================================================== GOLU THATHERA Son of Late Bihari Prasad Resident of MohallaChutkiya Bazar, P.S.- Malsalami, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Vigilance Department Bihar, Patna Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Mouar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Special Case No. 47/2018, arising out of Beur P.S. Case No. 146/2018, instituted for offences under Section(s) 324, 307, 353, 224, 511, 120(B) of the Indian Penal Code read with Section 3/5 of Explosive Substance Act and Sections 25(1-b)a, 26, 27 and 35 of Arms Act. Learned counsel for the petitioner has submitted that petitioner was not present in the van in which prisoners were being taken from Patna City Court to Beur Jail. Occurrence is said to have taken place in the van.

It is alleged in the written report that on the date of occurrence informant along with other police forces were taking

Patna High Court CR. MISC. No.31637 of 2019(3) dt.15-07-2019 2/3 the prisoners to Beur Jail after being produced in City Court and reached near Sipara bridge then he heard sound of explosion of bomb in the van due to which two constables got injured. It is further alleged that in the meantime prisoners Sonu, Sikandar and Aslam tried to run away from the van after damaging the gate of van but they could not succeed. The informant saw 7-8 persons riding on motorcycle and tempo having arms and ammunition in their hands were coming towards prisoners' van but seeing the police party they fled away. It is alleged that the police recovered splinters of bomb and iron nails from the van. From possession of Sonu Kumar one bomb and one mobile phone were recovered. From possession of Sikandar Yadav one pistol and three live cartridges were recovered and from possession of Md. Aslam two live cartridges were recovered. Name of this petitioner has been disclosed before the police by the aforesaid prisoners as one of the associate of prisoner Sonu. Petitioner is in custody since 05.07.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. 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 the learned Special Judge, 1st

Patna High Court CR. MISC. No.31637 of 2019(3) dt.15-07-2019 3/3 Vigilance, Patna, in connection with Special Case No. 47/2018, arising out of Beur P.S. Case No. 146/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T