Rakesh Kumar @ Golu @ Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50991 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- Kavaiya District- Lakhisarai ====================================================== Rakesh Kumar @ Golu @ Golu Kumar S/o Mithilesh Ram R/o Pachna Road, Ward no 22, Kiul Basti, Behind the Bharat Mata Mandir, P.S.- Kabaiya, DisttLakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabi Bhushan For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 303(2), 317(4), 318,(2) of the B.N.S.
3. The First Information Report has been lodged against 6 persons and it has been stated that two persons namely, Sonu Kumar and Sanjit Yadav were apprehended by the police who took the name of the other persons including the petitioner.
4. Learned counsel for the petitioner submits that the name of the petitioner has been disclosed by the arrested accused persons by stating that the stolen motorcycle could also be recovered from the possession of the petitioner. Subsequently, the police has shown recovery of two motorcycles
Patna High Court CR. MISC. No.50991 of 2025(2) dt.11-08-2025 2/3 from the front of the house of the petitioner. Further, it has also been submitted that there is no independent witness to the seizure list and the petitioner was admittedly not arrested on the spot. The petitioner is in custody since 08.04.2025 and the charge-sheet has already been submitted in the case. It has also been pointed out that two other accused persons, namely, Sanjeet Yadav has been granted bail by coordinate Bench of this Court vide order dated 14.05.2025 passed in Cr. Misc. 28905 of 2025 and Pintu Kumar has been granted bail by this Court vide order dated 28.05.2025 passed in Cr. Misc. No. 22846 of 2025.
5. Learned APP for the State has opposed the application for bail on the ground that the petitioner is accused in four other cases, two being of similar nature. However, the petitioner is on bail in all the cases.
6. Taking into consideration the fact that the name of the petitioner has transpired in the confessional statement of the arrested accused persons and other similarly situated coaccused persons have already been granted bail, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kabaiya
Patna High Court CR. MISC. No.50991 of 2025(2) dt.11-08-2025 3/3 P.S. Case No. 08 of 2025, subject to the conditions that: (I) One of the bailors would be the family member or relative.
(II) The petitioner would appear physically on each and every date before the learned court concerned till the framing of charge and would cooperate in the trial till its conclusion. In case the petitioner does not appear on two consecutive dates without any substantial and satisfactory reason, the learned court below would be at liberty to cancel his bail bonds.
(Soni Shrivastava, J) devendra/- U T