Golden Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40446 of 2024 Arising Out of PS. Case No.-31 Year-2022 Thana- DINARA District- Rohtas ====================================================== Golden Patel, aged about 25 years (Male), Son of Jai Kumar Singh @ Jay Kumar Singh, Resident of Village - Patarhi, P.S. - Sheosagar, District - Rohtas.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sarfraz Ahmad, Advocate For the Opposite Party :

Mr. Surendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Dinara P.S. Case No. 31 of 2022 dated 31.02.2022 registered for the offence punishable under Section 395 of the I.P.C.

3. As per prosecution case, on 30.01.2022, the informant alongwith his owner Rajesh Kumar Yadav proceeded from Chandauli to Sitamarhi with pick up van bearing Registration No. UP-67AT-4690 after loading some electronic goods then the right wheel of the said vehicle got punctured due to which he was changing another wheel, in the meantime, eight unknown criminals on the gun point, looted Samsung mobile, one silver ring and one silver chain from the informant and Jio Mobile and

Patna High Court CR. MISC. No.40446 of 2024(2) dt.04-07-2024 2/3 Rs. 5,000/- from the driver Munna of the said vehicle and thereafter they ran away towards Arrah with the electronic goods and about 40 sacks of rice loaded in the said vehicle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner is not named in the F.I.R. His name has surfaced in the present case on the basis of his self confession made before the police. No incriminating article has been recovered from his possession. No T.I. Prade has been conducted to ascertain the real culprit in the present case. It is further submitted that other co-accused person has been granted bail by a Bench of this Court vide Cr. Misc. No. 27582 of 2022 under order dated 19.09.2022. The petitioner has six criminal antecedents as stated in paragraph no. 3 of the bail application. The petitioner is in custody since 17.01.2023. 5.Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody of the petitioner, let the above named petitioner, 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

Patna High Court CR. MISC. No.40446 of 2024(2) dt.04-07-2024 3/3 the learned Additional Sessions Judge-5th, Rohtas at Sasaram in connection with Dinara P.S. Case No. 31 of 2022 with further 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 bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T