Gaurav Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72241 of 2024 Arising Out of PS. Case No.-308 Year-2023 Thana- SINDHIYA District- Samastipur ====================================================== Gaurav Kumar @ Golu Son of Suresh Paswan R/o Village- Rampur Rout (Routa), P.S.- Kusheshwar Asthan, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-10-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Singhiya P.S. Case No. 308 of 2023, lodged on 01.12.2023 under Sections 379, 411, 413, 414/34 of the I.P.C.

3. As per the prosecution, F.I.R. has been lodged against the present petitioner with the allegation of commission of theft of the motorcycle.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner is not named in the FIR, his name has figured in this case by virtue of confessional statement of the co-accused. Counsel submits that nothing incriminating has been recovered from the possession of the petitioner. Counsel

Patna High Court CR. MISC. No.72241 of 2024(2) dt.03-10-2024 2/3 submits that the petitioner was not put in T.I.P but his name has been put by the police party due to the reason that his antecedent is not clean and he is accused in three more cases. Counsel further submits that the petitioner is ready to fulfill all the conditions whatsoever shall be imposed. Counsel also submits that the offence in which the case has been lodged is of magisterial triable. The petitioner is in custody since 21.05.2024

5. Learned Counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed, as well as on being satisfied by the trial court that the petitioner is not absconding in any of the cases which are pending against him whose details are mentioned below, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Rosera, District- Samastipur in connection with Singhiya P.S. Case No. 308 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

7. Pending cases against the petitioner are as follows:-

Patna High Court CR. MISC. No.72241 of 2024(2) dt.03-10-2024 3/3 (i) Kusheshwar Asthan P.S. Case No. 281 of 2022 (ii) Bahera P.S. Case No. 303 of 2022 (iii) Biraul P.S. Case No. 619 of 2023 (Dr. Anshuman, J.) Aman Kumar/- U T