Sujit Kumar @ Golu Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68928 of 2025 Arising Out of PS. Case No.-104 Year-2022 Thana- ROSHANGANJ District- Gaya ====================================================== Sujit Kumar @ Golu Thakur S/O Vinod Thakur @ Shivdip Thakur @ Binod Thakur R/O Vill. - Chandpur, Tola- Kajratand, P.S.- Roushanganj, Dist.- Gaya, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar, Adv.
For the Opposite Party/s :
Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Roushanganj (Banke Bazar) P.S. Case No.104 of 2022 (G.R. No. 795 of 2022) registered under Sections 387, 414, 436, 386, 307/34 of the I.P.C. and Sections 25(1-B)A, 26, 27 and 35 of the Arms Act.
3. As per prosecution case, it is alleged that the petitioner including other accused persons took petrol at petrol pump but, they did not pay the price and they took out revolver and disclosed themselves to be the members of K.K.Tiger Group and also demanded a ransom of Rs.10 lac. It is further alleged that in the night of the alleged date of occurrence, they
2/4 again came to the petrol pump and set the petrol pump on fire due to which a bus and a motorcycle were fully burnt and also damaged the petrol pump.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and he has been falsely implicated in this case due to dirty local politics and on suspicion. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case on the basis of the confessional statement of the co-accused Chhotu Chowdhary @ Nanhak Choudhary recorded before the police which has no evidentiary value in the eye of law. It is further submitted that similarly situated co- accused, namely, Chotu Chowdhary @ Dhananjay Chowdhary has already been granted bail by a coordinate bench of this Court vide order dated 23.05.2023 passed in Cr. Misc. No.23267 of 2023. He further submits that there is delay of one day in lodging the F.I.R.
that too without there being any plausible explanation for the same which creates doubt in the veracity of the prosecution case. Nothing has been recovered from possession of the petitioner. The petitioner has no concern with the mobile from which a ransom was demanded or with the motorcycle which was left by the miscreants at the place of occurrence.
3/4 remanded in this case from Imamganj P.S. Case No. 249 of 2023 on 30.05.2025 and, since then, he is in judicial custody. He has eight criminal antecedents out of which in five of them, he is on bail. Learned counsel for the petitioner further submits that the charge-sheet has not been submitted against the petitioner.
5. Learned A.P.P. opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case, submissions of the parties and the period of custody as also the prayer for bail being based on parity, let the above named petitioner be released on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Roushanganj (Banke Bazar) P.S. Case No.104 of 2022 (G.R. No. 795 of 2022), subject to the following conditions;
(i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates
4/4 without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J) rishi/- U T