Golu Kumar @ Rahul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80189 of 2023 Arising Out of PS. Case No.-130 Year-2023 Thana- PARSAUNI District- Sitamarhi ====================================================== Golu Kumar @ Rahul S/O Late Lalan Rai @ Late Lalan Prasad Yadav R/O Village- Vishwanathpur, P.S.- Dumra, Dist.- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar For the Opposite Party/s :
Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.
3. Allegation against the petitioner along with other co-accused persons is that they snatched the tempo along with mobile phone of the informant. It is further alleged that they assaulted him badly due to which he sustained injuries.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other co-accused person, namely,
Patna High Court CR. MISC. No.80189 of 2023(2) dt.14-12-2023 2/2 Amrendra Kumar before the police which has got no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner and also he has not been put on TIP. Moreover, he is languishing in judicial custody since 27.09.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Parsauni P.S. Case No. 130 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sitamarhi. (Sunil Kumar Panwar, J) Shubham/- U T