Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49337 of 2022 Arising Out of PS. Case No.-153 Year-2022 Thana- GARKHA District- Saran ====================================================== Golu Kumar, Son of Sanjay Kumar Singh Resident of Village - Murli Sirisiyan Sobhepur, P.s.- Bheldi, Distt.- Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and the learned APP for the State through virtual mode in view of COVID-19.
The petitioner apprehends his arrest in connection with Garkha P.S. Case No.153 of 2022 instituted under Section 395 of the IPC.
As per the prosecution story, the informant alleged that he is Incharge of Hinduja Leyland Finance Limited and while he was returning home on his Bullet motorcycle, was intercepted by the six accused persons and on the point of pistol, Rs.2,36,590/- as also the laptop, ATM Card, PAN Card and other valuable documents were forcibly taken whereafter the accused fled away. Accordingly, the FIR was lodged. Learned counsel for the petitioner submits that he is a young boy pursuing study/appearing for competitive
Patna High Court CR. MISC. No.49337 of 2022(2) dt.06-01-2023 2/3 examination staying in Patna and had nothing to do with the alleged occurrence and only because the accused persons who were subsequently nabbed in course of investigation have named him, his name came up in the present case. The last submission is that he is ready to abide by all the terms and conditions if granted relief and further will be available to the police as and when required.
Learned APP on the other hand opposes the prayer for anticipatory bail stating that it is a case of snatching of a huge amount and as such in view of the fact that his name has cropped up, he do not deserve bail.
Taking into account that the petitioner is a boy of 20 years, he do not have criminal antecedent, it has come in the observation of learned Sessions Judge that he is pursuing study, his name has come up in the confessional statement of the accused persons, nothing has been recovered from his house as stated, is ready to abide by the terms and conditions and would be available to the police as and when required, this Court is inclined to grant him relief with condition that he will visiting the concerned police station for six months every month to mark his attendance.
Let the petitioner be released on bail, in the event of
Patna High Court CR. MISC. No.49337 of 2022(2) dt.06-01-2023 3/3 his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Garkha P.S. Case No.153 of 2022 to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Prakash Narayan /- U T