Golu Kumar Singh @ Golu Singh @ Himanshu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73695 of 2023 Arising Out of PS. Case No.-450 Year-2020 Thana- TARAIYA District- Saran ====================================================== Golu Kumar Singh @ Golu Singh @ Himanshu, Male, aged about 29 years, Son of Late Manjay Singh, Resident of Village- Prabhunath Nagar Tari, P.S.- Chapra Muffasil, District- Saran at Chapra (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kishore Prasad,, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Taraiya PS Case No. 450 of 2020 instituted for the offences punishable under Section 394 of the Indian Penal Code.

3. As per the prosecution case, all the accused persons snatched a motorcycle, golden chain and fired from a country made pistol upon the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He is not named in the FIR. Neither anything incriminating articles have been recovered from his conscious possession of the petitioner nor he has put on Test Identification Parade.

Patna High Court CR. MISC. No.73695 of 2023(4) dt.27-02-2024 2/3

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, case diary and impugned order of the learned Sessions Judge, Saran at Chapra dated 28.08.2023, it appears that the FIR has been registered against three unknown persons on the basis of fardbeyan of the informant Sujit Kumar Prasad. There is no recovery from the conscious possession of the petitioner and the petitioner is not put on Test Identification Parade. The name of the petitioner surfaced on the confessional statement of other co-accused namely, Rajnish Kumar. Petitioner is in custody since 11.07.2023, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Saran at Chapra in connection with Taraiya PS Case No. 450 of 2020.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on

Patna High Court CR. MISC. No.73695 of 2023(4) dt.27-02-2024 3/3 bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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