Chhotu Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70909 of 2024 Arising Out of PS. Case No.-147 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== Chhotu Kumar @ Golu S/o Ramesh Sharma R/o Village- Raghunathpur, PSHulasganj, Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Ghosi P.S. Case No. 147 of 2024 instituted for the offence under Section 392 of the Indian Penal Code.

3.

Prosecution case in short is that informant was accosted with two miscreants who have snatched his bag containing Rs. 11,000/- and key of his shop.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30-05-2024. Petitioner bears five criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.70909 of 2024(3) dt.20-11-2024 2/3 counsel that petitioner has been falsely implicated in the present case. There is no eye witness to the occurrence. Petitioner is not named in the FIR. Name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused, namely, Sumant Kumar, and the same has no evidentiary value in the eye of law. It is submitted that petitioner has no concern with the alleged occurrence. Nothing has been recovered from the possession of the petitioner. It is lastly submitted that police after investigation has submitted charge sheet in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to paragraph No. 8 of the case diary, it is submitted that recovery is made from the possession of the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail 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 Court in connection with Ghosi P.S. Case No. 147 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.70909 of 2024(3) dt.20-11-2024 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T