Golu Kamat @ Goloo Kamat @ Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9653 of 2021 Arising Out of PS. Case No.-702 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== Golu Kamat @ Goloo Kamat @ Golu Kumar Son Of Badri Kamat R/O Vill.- Sihaul, P.S.- Bihra, Dist.- Saharsa ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarnath Jha, Advocate For the Opposite Party/s :

Mr CB Prasad, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per the prosecution case, three unknown miscreants snatched money and motorcycle from the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner's name has figured during course of investigation in confessional statement. Test Identification Parade has not been carried out till date. He is in custody since 20.12.2019. Similarly situated co-accused has already been allowed bail by a co-ordinate bench of this Court vide order dated 3.7.2020, passed in Cr.Misc.No. 20644 of 2020.

Learned counsel appearing for the State opposes the

Patna High Court CR. MISC. No.9653 of 2021(2) dt.22-07-2021 2/2 prayer for bail.

Considering the facts and circumstances of the case and the fact that no incriminating material has been recovered from the conscious possession of the petitioner, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Saharsa in Saharsa Sadar Police Station Case No. 702/2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T