Aditya Kumar @ Golu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48468 of 2021 Arising Out of PS. Case No.-144 Year-2020 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Aditya Kumar @ Golu, Son of Shashi Kumar @ Shashi Kumar Thakur Resident of Village - Basua, P.s.- Aurai, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-03-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Kazi Mohammadpur P.S. Case No. 144 of 2020 registered for the offence under Sections 379, 420 of the IPC.
According to the prosecution case, informant Bindu Kumari has lodged an FIR against unknown regarding withdrawal of money fraudulently from ATM.
Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that it appears from the FIR that he is not named in the FIR and nothing has been recovered from the conscious possession of the petitioner and police after
Patna High Court CR. MISC. No.48468 of 2021(3) dt.23-03-2022 2/3 investigation submitted charge-sheet against the petitioner and other accused persons. Petitioner is in custody since 19.09.2020. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that he carries six more cases other than the present one.
Considering the facts and circumstances of the case, 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 learned A.C.J.M.-Ist, East Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 144 of 2020 with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the Court below.
(2) If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his
Patna High Court CR. MISC. No.48468 of 2021(3) dt.23-03-2022 3/3 criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner.
However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) khushbu/- U T