Golu Singh @ Golu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67136 of 2018 Arising Out of PS. Case No.-227 Year-2018 Thana- DEEPNAGAR District- Nalanda ======================================================

1. Golu Singh @ Golu Kumar Son of Sanjay Singh @ Dhudha Singh,

2. Raushan Singh @ Raushan Kumar, Son of Sunil Singh, Both are resident of Village- Barandi, Police Station- Katrisarai in the district of Nalanda.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Sunil Kumar, Advocate For the Opposite Party :

Mr.Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 419, 420, 467, 468, 471/34 of the Indian Penal Code and Section 66 of I.T. Act registered in connection with Deepnagar P.S. Case No. 227 of 2018.

3. It is submitted that the petitioners have been falsely implicated merely on the confessional statement of co-accused Jitendra Kumar, except which there is no material to connect the petitioners with the alleged occurrence. Recovery of incriminating materials has been made from the said co-accused Jitendra Kumar and not from the petitioners, who claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at

Patna High Court Cr.Misc. No.67136 of 2018(3) dt.01-02-2019 2/2 Biharsharif in connection with Deepnagar P.S. Case No. 227 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/- (Vikash Jain, J) U T