Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9526 of 2021 Arising Out of PS. Case No.-367 Year-2019 Thana- GORAUL District- Vaishali ====================================================== GOLU KUMAR Son of Manoj Kumar Singh Resident of Village - Ismilepur, P.S.- Goraul, Dist.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nityanand, Adv.
For the Opposite Party/s :
Mr. Arun Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Allegation against the petitioner is that he along with others looted away Rs. 1,50,000/- cash and a mobile of Samsung company from the pocket of the informant and fled away.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that petitioner is not named in the FIR and his name has been surfaced in the present case on the basis of confessional statement of co-accused Rajesh Kumar. He submits that nothing has been recovered from the conscious possession of the petitioner and no TIP has been done till now. He submits
Patna High Court CR. MISC. No.9526 of 2021(2) dt.13-07-2021 2/3 that petitioner has no criminal antecedent as stated in para-3 of the bail application. He submits that petitioner was in judicial custody since 29.01.2020 in connection with Goraul (Katahara O.P.) P.S. Case No. 38 of 2019 and on the basis of confessional statement of co-accused he has been remanded in the present case on 07.10.2020 and since then he is in judicial custody. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Goraul (Katahar O.P.) P.S. Case No. 367 of 2019, subject to the conditions:
(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He 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 and every date fixed in the case and if they fail to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (III) that the petitioner will mark their attendance in
Patna High Court CR. MISC. No.9526 of 2021(2) dt.13-07-2021 3/3 the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (IV) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. (Anjani Kumar Sharan, J) devendra/- U T