Golu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55879 of 2022 Arising Out of PS. Case No.-140 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== GOLU JHA Son of Late Anil Jha Resident of Village- Simaria, P.S.- Barauni(O.P. Chakiya), District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-12-2022 Learned counsel for the petitioner is permitted to make necessary correction in para 9 of the bail petition. Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding. The petitioner seeks bail in connection with Barauni P.S. Case No.140 of 2022 registered for the offences punishable under Sections 392 and 397 of the Indian Penal Code.

As per prosecution case, informant reached near railway gumti and two miscreants on the motorcycle robbed his tractor and flew away.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.55879 of 2022(2) dt.16-12-2022 2/3 petitioner is not named in the FIR. His name has been transpired in the case upon the self-confessional statement of petitioner in Barauni P.S. Case No. 141 of 2022. Except self-confessional statement of petitioner, there is nothing on record to demonstrate the complicity of petitioner with the alleged occurrence. He further submits that petitioner is in custody since 18.06.2022 and bears criminal antecedent of two cases. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner. No TIP was conducted uptill now.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, no looted material has been recovered from the possession of the petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten

Patna High Court CR. MISC. No.55879 of 2022(2) dt.16-12-2022 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 140 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) vashudha/- U T