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Patna High CourtCR. MISC./30922/2025allowed

Golu Kumar v. The State Of Bihar

2025-05-20Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30922 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- Kadirganj P.S. District- Nawada ====================================================== Golu Kumar S/o Ajay Yadav R/o Village- Balwapar, P.S.- Warisaliganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 309(4)/3(5) of the BNS, 2023.

3. The case of the prosecution is that while the informant was returning home after collecting dues amount of Rs. 3,23,090/- from the shopkeepers, in the way, four persons riding on two motorcycles, intercepted him and snatched away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.30922 of 2025(2) dt.20-05-2025 2/3 connection with the present case. It is further submitted that after one month of the occurrence, co-accused, Dharmendra Kumar and this petitioner were apprehended. It is further submits that apprehended persons have given their confessional statement. Co-accused, Dharmendra Kumar has given his confessional statement that his bike was used in the occurrence.

5. From perusal of the seizure list, it transpires that Rs. 35,000/- was recovered from the house of the petitioner.

6. In that context, learned counsel for the petitioner submits that the cash, which has been recovered, belongs to him and it was never put on Test Identification Parade. It is further submitted that co-accused, Dharmendra Kumar, has since been extended the privilege of bail vide order dated 05.05.2025 passed in Cr. Misc. No. 26729 of 2025. Moreover, the petitioner is languishing in judicial custody since 25.02.2025.

7. Learned APP appearing for the state has opposed the prayer of regular bail.

8. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kadirganj P.S. Case No. 31 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.30922 of 2025(2) dt.20-05-2025 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada.

(Ashok Kumar Pandey, J) Jagdish/- U T