Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.956 of 2022 Arising Out of PS. Case No.-281 Year-2021 Thana- NOORSARAI District- Nalanda ====================================================== GOLU KUMAR Son of Lalan Mistri @ Lalan Prasad Resident of VillageKurthiya, P.S.- Chandi, District- Nalanda, at present resident of MohallaKrishana Nagar, Back of Kishan Cinema, Sohsarai, P.S.- Sohsarai, DistrictNalanda (Bihar). ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandan Kumar, Advocate For the Opposite Party/s :
Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-05-2022 Heard learned counsel for the petitioner and Mr. Ramesh Chandra, learned A.P.P. for the State. Petitioner, in the present case, is seeking regular bail in connection with Nursarai P.S. Case No. 281 of 2021 registered for the offences punishable under Section 392 of the Indian Penal Code. He is in custody since 09.09.2021 having one criminal antecedent as stated in paragraph '3' of the application.
As per the prosecution story, the informant has alleged that when he was returning from his Service Centre to Maghara by riding his Scooty on 18.08.2021, three unknown persons chased by motorcycle and stopped him and on the point of pistol all the accused persons taken away Rs. 40,000/-, from
Patna High Court CR. MISC. No.956 of 2022(2) dt.20-05-2022 2/3 his Scooty, Mobile, cheque and keys and fled away towards Makanpur village.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel for the petitioner submits that the name of this petitioner has transpired in the confessional statement of the co-accused and nothing has been recovered from the possession of the petitioner.
Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.
Having regard to the submission that the name of this petitioner has transpired in the confessional statement of the coaccused, till date neither there is any recovery from the possession of the petitioner nor the petitioner was put on Test Identification Parade, in the meantime, the co-accused Sumit Mishra has been granted bail by learned coordinate Bench of this Court in Cr. Misc. No. 67207/2021, the petitioner has remained in custody in connection with this case since 09.09.2021, investigation against him is complete and his presence may also be secured in course of trial, therefore this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five
Patna High Court CR. MISC. No.956 of 2022(2) dt.20-05-2022 3/3 Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Nalanda at Biharsharif in connection with Nursarai P.S. Case No. 281 of 2021, subject to the condition as laid down under Section 437 (3) Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J.) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.