Golu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23726 of 2018 Arising Out of PS. Case No.-260 Year-2017 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Golu Sahni, son of Ram Prasad Sahni, resident of Mohalla- Sundarpur, P.S. L.N.M.U. District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 28.10.2017 in a case registered for the offences punishable under Sections 382 and 411 of the Indian Penal Code. The prosecution case got initiated on the basis of written report dated 28.10.2017 submitted by Manoj Kumar to the Station House Officer, L.N.M.U. Police Station to the effect on 22.10.2017 at 11.30 P.M., when the informant was sleeping in his house, one thief entered into his house, but in course of escaping from the house, the thief bumped into a cot on which the wife of the informant was sleeping, as a result, she woke up and after seeing the thief who had covered his

Patna High Court Cr.Misc. No.23726 of 2018(5) dt.07-01-2019 2/3 face with a cloth raised alarm. Thereafter, the informant also woke up and tried to catch the thief, but he attacked on the informant with a hammer, causing injury on the hand of the informant. However, the informant caught the thief with the help of other family members and informed the police. The thief disclosed his name as Golu Sahni, the petitioner and on search being made, a mobile set and cash of Rs.15,000/- were recovered from his pocket.

It is submitted by learned counsel for the petitioner that the petitioner has been roped in the present case maliciously due to petty dispute. Though a statement has been made in paragraph no.3 of the petition that the petitioner is accused in eight cases, but a supplementary affidavit has been filed on behalf of the petitioner to the effect that in all the cases, the petitioner is on bail.

Learned APP for the State submits that the petitioner has criminal antecedent.

Considering the nature of accusation and the period under custody, let the above named petitioner 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 CJM, Darbhanga, in connection with L.N.M.U. P. S.

Patna High Court Cr.Misc. No.23726 of 2018(5) dt.07-01-2019 3/3 Case No. 260 of 2017.

It is made clear that one of the bailors must be a close family member of the petitioner and since the petitioner has serious criminal antecedent, the learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions or gets involved in some serious nature of offence.

(Dinesh Kumar Singh, J) Ashwini/- U T