Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51430 of 2024 Arising Out of PS. Case No.-891 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Golu Kumar Son of Rangilal Baitha Resident Vill- Kormadih (Kharanua Dih), P.S.- Kudhani, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sadar P.S. case No. 891 of 2023 instituted for the offences under Section 395 of the Indian Penal Code.

3. Prosecution case, in short, is that 7-8 unknown miscreants looted cash amounting to rupees two lakhs from the gas godown of the informant.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.51430 of 2024(2) dt.19-07-2024 2/3 petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation on the basis of confessional statement of the co-accused. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Learned counsel further submitted that petitioner has got no concern with the stolen articles. Chargesheet has been submitted in this case. The co-accused person has already been granted bail by this Bench vide order dated 07.05.2024 passed in Cr. Misc. No. Cr. Misc. No. 34966 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.03.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.51430 of 2024(2) dt.19-07-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar P.S. case No. 891 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T