Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57513 of 2021 Arising Out of PS. Case No.-86 Year-2021 Thana- GOPALPUR District- Patna ====================================================== GOLU KUMAR Son of Somar Sao Resident of Village - Rajiv Nagar Road No.23, P.S.- Rajiv Nagar, Distt.- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 62363 of 2021 Arising Out of PS. Case No.-86 Year-2021 Thana- GOPALPUR District- Patna ====================================================== AANSHIK KUMAR Son of Late Mithilesh Singh Resident of Village- Rajiv Nagar, Road No. 23, P.S.- Rajiv Nagar, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 57513 of 2021) For the Petitioner/s :
Mr. Shivendra Kumar Sinha, Adv.
For the Opposite Party/s :
Ms. Nirmala Kumari, APP (In CRIMINAL MISCELLANEOUS No. 62363 of 2021) For the Petitioner/s :
Mr. Md. Helal Ahmad, Adv.
For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-05-2022 Heard learned counsel for the parties.
The petitioners have preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.
As per the prosecution case, 3-4 accused persons on two motorcycles are stated to have robbed the informant of his motorcycle, mobile phone besides other articles as mentioned in the FIR.
Patna High Court CR. MISC. No.57513 of 2021(3) dt.09-05-2022 2/2 It is submitted by learned counsel for the petitioners that the FIR was registered against 3-4 unknown accused persons. Although as per the prosecution case the two petitioners herein were arrested along with others, however, even as per the seizure list, the stolen motorcycle is alleged to have been recovered from coaccused Mantu Kumar and not the petitioners herein. While Aanshik Kumar has no criminal antecedent, Golu Kumar has been falsely implicated in one another case. The petitioners are in custody for more than one year. Chargesheet has been submitted in the case. Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the nature of allegation together with the petitioners having been remained in custody for over 1 year, the Court directs both the petitioners to be enlarged on bail in connection with Gopalpur P.S. Case no. 86 of 2021 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 9th , Patna.
(Partha Sarthy, J) Bibhash/- U