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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86788 of 2024 Arising Out of PS. Case No.-357 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== Golu Kumar Yadav @ Golu Kumar @ Golu Son of Kunal Yadav @ Jay Kishor Yadav @ Jay Kishor Singh R/O Vill.- Khangaon, P.S.- Chandi, Dist.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta,Adv For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-02-2025 Heard Mr. Shiv Prasad Gupta, learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is in judicial custody in connection with Koilwar P.S. Case No. 357 of 2024 for the offences punishable under Sections 304, 317(2)/3(5) of the BNS, lodged on 09.09.2024 by the informant, Khushi Kumari.

3. As per the prosecution story, the informant, a lady after completing her duty at a Private Hospital at Bihta was returning. As she alighted from the Auto-rickshaw, was on foot, a motorcycle came from behind and the allegation is that three accused persons sitting on it, in which the last person snatched the mobile. However, to the misfortune of the accused, the locals caught hold of the third person sitting on the motorcycle and handed over the police. The said person was Prakash Kumar who gave the name of his associates, petitioner is one of them. Accordingly, the FIR/arrest.

Patna High Court CR. MISC. No.86788 of 2024(3) dt.25-02-2025 2/2

4. Learned counsel for the petitioner submits that he do not criminal antecedent and has been implicated on the basis of confessional statement and as such, he deserves bail. Learned counsel for the petitioner submits that they have compromised the matter.

5. Learned APP, Mr. Jitendra Kumar Singh on the other hand has taken this Court to the two orders of Prakash Kumar who was arrested from the spot and Chotu Sharma whose name cropped along with the name of petitioner in confessional statement and both the applications have been rejected in Cr. Misc. No. 83315 and Cr. Misc. No. 87424 of 2024 respectively. Learned APP further submits that in such a case, the compromise whether voluntary or forced has got no meaning.

6. Taking into account the aforesaid facts as also the allegation that has come against the petitioner of snatching the mobile of a lady who after finishing her job was returning home, for the present, this Court is not inclined to extend bail to him which is accordingly, rejected.

perwez (Rajiv Roy, J) U T