Golu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.11414 of 2017 (3) dt.25-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11414 of 2017 Arising Out of PS.Case No. -293 Year- 2011 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Golu Kumar Son of Bharat Sah, Resident of Mohalla- Pandey Gali, Motijhil, P.S.- Town, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Muzaffarpur Town P.S. Case No. 293 of 2011 registered for the offences punishable under Sections 461 and 379 of the Indian Penal Code. Allegedly, after breaking the lock of the shop of the informant cash of Rs. 60,000/- was taken away after breaking the cash box and articles of the shop were found mismanaged. The name of the petitioner transpired in the confessional statement of Shiv Kumar @ Vicky and thereafter, the petitioner also confessed his guilt.

Submission is of false implication and that besides confessional statement there is nothing against the petitioner, the petitioner has been granted bail in Town P.S. Case No. 292 of

Patna High Court Cr.Misc. No.11414 of 2017 (3) dt.25-04-2017 2011 under Sections 302/34 of the Indian Penal Code and in this case he is suffering in custody since 20.01.2017 and as such he deserves sympathetic consideration.

Learned APP opposes the prayer of bail but fairly submits that besides confessional statement there is no material against the petitioner.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-cum-Sub-Judge 12th, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 293 of 2011 in connection with Muzaffarpur Town P.S. Case No. 293 of 2011, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T