Golu @ Sidhyant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60201 of 2021 Arising Out of PS. Case No.-104 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Golu @ Sidhyant Kumar Son of Subodh Kumar Sinha Resident of VillageKhurashan, Ward No. 11, P.S.- Salkhua, (Banamaethari O.P.), DistrictSaharsa. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr Sandip Kumar Gautam For the Opposite Party/s :
Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-04-2022 Let the defects, if any, be removed within four weeks from today.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Learned counsel for the petitioner seeks permission to make necessary correction in the prayer portion. Counsel for the petitioner is permitted to make necessary correction in the prayer portion within course of the day.
Petitioner seeks bail in a case registered in connection with Sahebpur Kamal P.S.Case No. 104 of 2021 for the offences punishable under Sections 392 of the Indian Penal
2/4 Code.
As per the prosecution case, it is alleged that on 1.05.2021, while the informant, who is said to be a delivery boy, was coming towards Begusarai, three persons on Bolero intercepted and looted 27,800. It is also alleged that the informant had two mobiles which was also snatched by the miscreants, who were riding on the said Bolero. It is submitted on behalf of the learned counsel for the petitioner that petitioner is not named in the F.I.R and infact the F.I.R has been instituted against three unknown miscreants and the name of the petitioner transpired on the confessional statement of co-accused Angad Kumar. So far this petitioner is concerned, he is in custody since 21.06.2021 but neither any incriminating material has been recovered nor he has put put on TIP.
It is submitted that one of the co-accused person namely, Raushan Sharma @ Raushan Kumar Sharma has already been granted bail in Cr. Misc. No. 58785 of 2021 vide order dated 11.04.2022 by this Court. It is lastly submitted that this petitioner has no criminal antecedent and moreover, investigation has been concluded and the charge sheet has submitted.
The learned A.P.P opposed the prayer for bail of the
3/4 petitioner and submits that during the course of investigation his name surfaced on the confessional statement. Having heard the rival contentions of the parties and taking into consideration the fact that the name of the petitioner has come on the confessional statement of co-accused. Apart from this, no incriminating material has been recovered nor he has been put on TIP till date and having clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S.Case No. 104 of 2021, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be
4/4 cancelled.
(Harish Kumar, J) N.K/- U