Girdhari Kumar @ Girdhari Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54507 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- SUPAUL District- Supaul ====================================================== Girdhari Kumar @ Girdhari Thakur S/o Bharat Thakur R/o Village-Parsarma , P.S- Supaul, Distt- Supaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Prabhakar, Adv.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Supaul P.S. Case No. 34 of 2025 instituted for the offences under Sections 334(1), 303(2) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, unknown thieves have committed theft of jewelry (made of silver and gold) offered by the worshipers from the Gahbar of Jwalamukhi temple.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. The petitioner is not named in the F.I.R. and his name has transpired in this case on the basis of

Patna High Court CR. MISC. No.54507 of 2025(2) dt.18-08-2025 2/3 the confessional statement of the main accused in Supaul P.S. Case No. 31 of 2025 but, it is remarkable that in the confessional statement, he has stated that all the stolen jewelries have been sold to the goldsmith namely Prem Kumar and not the petitioner. He further submits that nothing incriminating/theft article has been recovered from the conscious possession of the petitioner or from his shop instead the police has seized silver and gold brick which was available in the shop of the petitioner. Charge-sheet has been submitted in this case. The petitioner has no concern with the alleged occurrence. The petitioner has one criminal antecedent in which he is on bail and is languishing in judicial custody since 28.03.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned

Patna High Court CR. MISC. No.54507 of 2025(2) dt.18-08-2025 3/3 Court in connection with Supaul P.S. Case No. 34 of 2025, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T