Golu Kumar @ Golu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.498 of 2021 Arising Out of PS. Case No.-325 Year-2019 Thana- BOCHAHAN District- Muzaffarpur ====================================================== GOLU KUMAR @ GOLU SINGH S/o Sudheer Thakur Resident of VillageBudhnagra, P.S.- Bochahan, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-03-2021 Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Bochahan PS Case No. 325 of 2019 registered under Sections 395 and 397 of the IPC. While the Manager and officials of the Bank were returning after closure of the business, they have been attacked by eight unknown persons.

It is submitted by the learned Counsel for the petitioner that the petitioner is not named in the FIR. He was in custody in connection with Bochahan PS Case No. 94 of 2020 from which he has been remanded in this case on the basis of confessional statement of co-accused Santosh Sahni which has no evidentiary value. The petitioner is in custody since 19.6.2020.

The case diary had earlier been called for.

Learned APP for the State submits that the petitioner has

Patna High Court CR. MISC. No.498 of 2021(3) dt.26-03-2021 2/2 other criminal antecedents also in Bochahan PS Case No. 326 of 2019 and Bochahan PS Case No./ 327 of 2019. However from the case diary she has not been able to show that any injury has been sustained by the prosecution party as stated in the FIR. Learned APP has opposed the prayer for bail.

Considering the rival submissions as also 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 furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Hemant Kumar, Judicial Magistrate, lst (East), Muzaffarpur in Bochahan PS Case No. 325 of 2019 subject to the following 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 petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T