Golitis Kumar @ Gultis Kumar @ Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65765 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- CHHABILAPUR District- Nalanda ====================================================== Golitis Kumar @ Gultis Kumar @ Gulshan Kumar Son Of Vijendra Prasad Residents Of Village - Chakjohara Khurd, Police Station - Hilsa, District - Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395 of the Indian Penal Code and Charge-sheet has been submitted under Section 395, 412 of the Indian Penal Code.

As per prosecution case, the allegation against 10-11 unknown miscreants is that they came at the khaliyan of the informant and after tying his legs and hands loaded rice paddy on pickup van and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.65765 of 2023(2) dt.17-10-2023 2/2 confessional statement of co-accused. Neither the petitioner is named in the FIR nor he was put on TIP. It is further submitted that nothing looted article has been recovered from his conscious possession. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 4.9.2023 passed in Cr. Misc. No. 57545 of 2023. Moreover, the petitioner is languishing in judicial custody since 22.02.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chhabilapur P.S. Case No. 20 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda at Biharsharif. (Sunil Kumar Panwar, J) sushma/- U