Golu Kumar @Abhinav Anand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45367 of 2024 Arising Out of PS. Case No.-441 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Golu Kumar @Abhinav Anand S/O Sri Laliteshwr Prasad Singh R/O Village Sanokhar, P.S. Alauli, Distt-Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Kumar For the Opposite Party/s :
Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Town P.S. case No. 441 of 2023 instituted for the offences under Sections 399, 402 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act.
3. Prosecution case, in short, is that, police, on the basis of secret information, apprehended two accused persons whereas four accused persons including this petitioner fled away. On interrogation, they disclosed that they were planning to commit dacoity. On search, one country-made pistol was recovered from co-accused Banti Kumar @ Kundan.
4. Learned counsel for the petitioner submitted that
Patna High Court CR. MISC. No.45367 of 2024(2) dt.28-06-2024 2/3 the petitioner has falsely been implicated in the present case and he was not apprehended on the spot. The name of the petitioner transpired in this case on the basis of disclosure made by the coaccused persons who were apprehended on the spot. Nothing has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.11.2023 and has six criminal antecedents. The co-accused has already been granted bail by this Court vide order dated 14.03.2024 passed in Cr. Misc. No. 18697 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Town P.S. case No. 441 of 2023, Subject to following conditions: (i) One of the bailors shall be own/close member of the family of the petitioner.
Patna High Court CR. MISC. No.45367 of 2024(2) dt.28-06-2024 3/3 (ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Arish/- U T