Golu Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47365 of 2017 Arising Out of PS.Case No. -269 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Golu Patel son of Vijay Bahadur Singh Resident of Village - Mokri, P.S. - Bhabua, District - Kaimur (Bhabua).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar Seth, Adv. For the Opposite Party/s : Mr. Panch Nand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 12.07.2017 in connection with Bhabua P.S. Case No. 269 of 2017 for offences punishable under Sections 395/427 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he had sold paddy and collected Rs. 50,000/-, five miscreants on gun point and armed with lathi started damaging his car and snatched Rs. 50,000/- from the informant. Three persons along with the petitioner has been named in the F.I.R. and two persons are unnamed.

Patna High Court Cr.Misc. No.47365 of 2017 (3) dt.22-12-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that the matter has been compromised and one of the co-accused named in the F.I.R. on similar allegation has been granted the privilege of bail by a co-ordinate Bench of this Court in Cr. Misc. No. 49996 of 2017 on 12.12.2017. He submits that nothing has been recovered from the conscious possession of the petitioner and that charge-sheet has already been submitted.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and as many as three cases are pending against him in all the cases the petitioner has been made accused on the same day.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur (Bhabua), in connection with Bhabua P.S. Case No. 269 of 2017, subject to the conditions that:

(1) One of the bailors would be a close relative of the

Patna High Court Cr.Misc. No.47365 of 2017 (3) dt.22-12-2017 3/3 petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Devendra/- U T