Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35082 of 2024 Arising Out of PS. Case No.-392 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== Golu Kumar S/o Dilip Patel @ Dilip Mahato R/o vill - Lakshmi Narayanpur, P.S. - tisiauta, Distt. - vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jandaha P.S. Case No. 392 of 2022 dated 31.12.2022 registered for the offences punishable u/ss 392, 411 and 420 of the Indian Penal Code.

3.

As per the prosecution case, two unknown miscreants boarded on a motorcycle are alleged to have stopped the motorcycle of the informant and looted Rs. 200/- in cash, motorcycle and mobile phone from him and fled away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the coaccused, Niraj Kumar. Nothing has been recovered from the

Patna High Court CR. MISC. No.35082 of 2024(2) dt.16-05-2024 2/2 conscious possession of the petitioner. No T.I.P. has been conducted by the prosecution. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 22.11.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to 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 learned Court concerned, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 392 of 2022 with the 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 prosecution will be at liberty to move for cancellation of his bail bond.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T