Gopal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23592 of 2018 Arising Out of PS. Case No.-2 Year-2015 Thana- KASHICHAK District- Nawada ====================================================== Gopal Kumar, Son of Rambadan Singh, Resident of Village- Nimi, P.S.- Shekhopur Sarai, District- Sheikhpura(Bihar). ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Verma For the Opposite Party/s :
Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-04-2018 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 392 of the IPC. The prosecution case as the per the fardbeyan of Raj Kumar Prasad, recorded by S.H.O., Kashichak (Shahpur O.P.) Police Station is to the effect that the informant is a cashier at petrol pump and while he was working at the petrol pump on 04.01.2015, four persons came on two motorcycle to take petrol. In the meantime two persons came and entered into the cabin of the informant and by putting pistol on the temporal portion, they robbed Rs. 25000/- and two mobiles. The accused persons also confined the informant and other staff and escaped from the scene.
It is submitted by learned counsel for the petitioner that the
Patna High Court Cr.Misc. No.23592 of 2018(3) dt.27-04-2018 2/3 FIR was lodged against unknown, but during investigation, it transpired that the petitioner on the alleged date of occurrence was found moving in suspicious condition, hence the petitioner has been roped in the present case only on the basis of suspicion. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that during investigation, the complicity of the petitioner has transpired.
Considering the accusation based on suspicious, coupled with the statement in the paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada in connection with Kashichak P.S. Case No. 02 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
The bail bond of the petitioner shall be accepted on filing affidavit that he will regularly co-operate during investigation. Non-co-operation of the petitioner during investigation will give
Patna High Court Cr.Misc. No.23592 of 2018(3) dt.27-04-2018 3/3 liberty to the prosecution to file an application for cancellation of bail bonds of the petitioner.
(Dinesh Kumar Singh, J) Amrendra/- U T