Golu Kumar @ Golu Bind @ Golu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58108 of 2022 Arising Out of PS. Case No.-93 Year-2021 Thana- BACHHWARA District- Begusarai ====================================================== GOLU KUMAR @ GOLU BIND @ GOLU SINGH S/O JITENDRA SINGH Resident of village- Chamtha, Number Bandhper, Ward No- 3, P.S.- Bachhawara, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surya Narayan Roy For the Opposite Party/s :
Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Bachhwarai P.S. Case No. 93 of 2021, registered for the offence punishable under Sections 392/ 397/ 120B of the Indian Penal Code. The allegation is regarding three unknown miscreants having intercepted the informant while he was going on his motorcycle, on the alleged date and time of occurrence, whereafter, they had, on pistol point, snatched the motorcycle of the informant.
The learned counsel for the petitioner has
Patna High Court CR. MISC. No.58108 of 2022(2) dt.06-01-2023 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 17.08.2021. It is submitted that the petitioner was arrested in connection with one Vidyapati Nagar P.S. Case No. 77 of 2021 and thereafter, he has been remanded in the present case on 17.08.2021. It is further submitted that the petitioner is an accused in nine other cases, but he is on bail in four of them. Lastly, it is submitted that the looted motorcycle has not been recovered from the possession of the petitioner.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that neither any Test Identification Parade has been held so as to connect the petitioner with the alleged crime nor the looted motorcycle has
Patna High Court CR. MISC. No.58108 of 2022(2) dt.06-01-2023 3/3 been recovered from the petitioner, though I deem it fit and proper to admit the petitioner to the privilege of bail, however, subject to certain conditions on account of his bad criminal antecedent.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned court of A.C.J.M., Begusarai / concerned Court, Begusarai in connection with Bachhwara P.S. Case No. 93 of 2021.
It is further directed that the petitioner would mark his attendance before the Officer-in-Charge of the concerned police station on each Monday of the week at 10:00 am. and in the event of two consecutive defaults, the present privilege of regular bail, being granted to the petitioner herein, shall stand cancelled automatically.
(Mohit Kumar Shah, J) Ajay/SonalU T