Golu Kumar @ Golu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67540 of 2019 Arising Out of PS. Case No.-180 Year-2019 Thana- SABAUR District- Bhagalpur ====================================================== Golu Kumar @ Golu Kumar Yadav Son of Shyam Yadav Resident of VillageBabupur, P.S.- Sabour, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2020 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sabour P.S. Case No. 180 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the FIR, on 18.06.2019 at 2.15, three miscreants came on motorcycle and looted away cash of Rs. 1,67,900/- from possession of the informant while he was going to deposit the same in the bank.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. Petitioner is not named in the F.I.R, later on, during course of investigation, on the basis of confession of petitioner that too before the police, name of petitioner transpired in this case. No test identification parade has been held till date. One mobile and cash of Rs. 4,000/- has been recovered from possession of this

Patna High Court CR. MISC. No.67540 of 2019(3) dt.29-01-2020 2/2 petitioner, but the same belongs to this petitioner. Charge-sheet has already been submitted and there is no allegation of tampering with the evidence against this petitioner. Similarly situated co-accused has been granted bail by this court vide order dated 11.12.2019 passed in Cr. Misc. No. 76653 of 2019. Petitioner is in custody since 21.06.2019.

Considering the facts aforesaid, the petitioner abovenamed, is directed to 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 the learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S. Case No. 180 of 2019, subject to the following conditions:- (i) The petitioner shall co-operate 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 without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T