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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81124 of 2023 Arising Out of PS. Case No.-213 Year-2022 Thana- SANDESH District- Bhojpur ====================================================== Golu @ Dheeraj Kumar @ Golu Kumar S/O Mukesh Kumar Singh R/O Village- Ram Dihal Tola, P.S- Chandi In The The Distt. Of Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sandesh P.S. case No. 213 of 2022 instituted for the offences under Section 394 of the Indian Penal Code.

3. Prosecution allegation, in short, is that three unknown miscreants surrounded the informant and looted his bike and purse. It is further alleged that the accused persons also assaulted the informant on his left eye by country-made pistol.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.02.2023. He further submitted that petitioner has 10 criminal antecedents but he is on bail in all the cases. The petitioner is not named in the F.I.R.

Patna High Court CR. MISC. No.81124 of 2023(2) dt.22-12-2023 2/3 The name of the petitioner has been transpired only on the basis of confessional statement of the co-accused namely, Sunil Kumar. He further submitted that the petitioner has not been put on T.I. parade, moreover, nothing incriminating has been recovered from the possession or from the house of the petitioner. The petitioner has no concern with the alleged occurrence.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sandesh P.S. case No. 213 of 2022, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.81124 of 2023(2) dt.22-12-2023 3/3 bail bonds of the petitioner.

(III) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T