Bipin Kumar @ Golu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.47468 of 2022 Arising Out of PS. Case No.-506 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== Bipin Kumar @ Golu Son of Ramakant Raut R/v- Bangawn, ward no. 12, P.S- Bajpatti, Dist- Sitamarhi ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Devendra Kumar, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-12-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within two weeks from today.
Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Nanpur P.S. Case No. 506 of 2020 registered for the offences punishable under Section 392 of the Indian Penal Code. He is in custody since 26.03.2021. The petitioner has got six criminal antecedents.
Learned counsel for the petitioner submits that as per the prosecution story, while the informant was going to home on his Pulsar motorcycle, three accused persons on a motorcycle stopped him and on the point of pistol, looted his motorcycle, a
Patna High Court CR. MISC. No.47468 of 2022(2) dt.09-12-2022 2/3 mobile phone and Rs.5,000/- cash from him.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is in custody in connection with this case since 26.03.2021.
Learned counsel submits that the FIR is against three unknown accused persons and two of them have already been granted bail by learned Co-ordinate Benches of this Court. Mr. Akhileshwar Dayal, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.
Having regard to the facts and circumstances of the case, considering that the F.I.R. is against three unknown persons and two of them have already been granted bail in Cr. Misc. No. 44694 of 2022 and Cr.Misc. No. 39101 of 2021 by the learned coordinate Bench of this Court, this petitioner is in custody since 26.03.2021, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned S.DJ.M.-V, Sitamarhi in connection with Nanpur P.S. Case No. 506 of 2020, subject to the condition as laid down under Section 437 (3)
Patna High Court CR. MISC. No.47468 of 2022(2) dt.09-12-2022 3/3 Cr.P.C.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application is allowed.
Certified copy of this order shall be made available only after removal of the defects.
(Rajeev Ranjan Prasad, J) vats/- U T