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Patna High CourtCR. MISC./44506/2018bail granted

Golu Kumar v. The State Of Bihar

2018-08-06Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44506 of 2018 Arising Out of PS. Case No.-170 Year-2017 Thana- BACHWARA District- Begusarai ====================================================== Golu Kumar Son of Jitendra Singh Resident of Village- Chamatha, P.S. Bachhwara, Distt. Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Roy, Adv.

For the Opposite Party/s :

Mr. Manish Kumar 2, APP 33 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 2 06-08-2018 Heard learned counsel for the petitioner and the State. The petitioner is languishing in jail since 20.03.2018 in connection with Bachhwara P.S. Case No. 170 of 2017 registered under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that initially the petitioner was taken into custody in connection with Phulwaria P.S. Case No. 21 of 2018 and, thereafter, he has given a self confessional statement before the police confessing his involvement in connection with with several cases and he has been remanded in connection with the said cases, including the present case. Learned counsel for the petitioner submits that there has been no recovery from his possession and for no fault of the petitioner and on the basis of his confessional statement, made before the police, which has no legal value, the petitioner has been implicated in this case Considering the aforesaid facts and circumstances and

Patna High Court Cr.Misc. No.44506 of 2018(2) dt.06-08-2018 2/2 that the petitioner is languishing in jail, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Bachhwara P.S. Case No. 170 of 2017 to the satisfaction of the Additional Chief Judicial Magistrate, VI, Begusarai, on the following conditions :

(1) One of the bailors will be his own blood relative, preferably father, mother, brother, sister of the petitioner.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Shamshad/- U T