Golu Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49396 of 2017 Arising Out of PS.Case No. -271 Year- 2017 Thana -BHABUA District- BHABUA (KAIMUR) ====================================================== Golu Patel, Son of Vijay Bahadur Singh, Resident of Village-Mokri, P.S. Bhabua, District-Kaimur (Bhabua) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar Seth, Advocate For the Opposite Party/s : Mr. Smt. Gulnar Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 25(1b)a/26/35 of the Arms Act. As per the allegation made in the FIR one co-accused namely Kaushal Patel was apprehended by the police when they reached the village on the basis of some secret information that some persons had assembled to plan the commission of some assault.

Counsel for the petitioner submits that he has falsely been implicated in the instant case on the basis of statement made

Patna High Court Cr.Misc. No.49396 of 2017 (2) dt.17-10-2017 2/3 by the said apprehended co-accused Kaushal Patel. He further submits that he has no concern with the said Kaushal Prasad and nothing incriminating articles have been recovered from his possession and that the petitioner is in jail custody since 24.05.2017.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur in Bhabua P.S. Case No. 271 of 2017 subject to the conditions : (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter, the court below will be at

Patna High Court Cr.Misc. No.49396 of 2017 (2) dt.17-10-2017 3/3 liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U