Govinda Kumar Singh @ Govind Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85357 of 2024 Arising Out of PS. Case No.-419 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Govinda Kumar Singh @ Govind Singh S/O Ravindra Singh @ Manohar Singh R/O Village- Ram Nagar Tola, P.S- Kartahan, Distt.- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vasant Vikas, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The petitioner is apprehending arrest in connection with Hajipur Sadar P.S. Case No. 419 of 2024 lodged on 25.06.2024, for the offence punishable under Section 392 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against 2 unknown persons against whom there is allegation that they have looted articles of Hindustan Lever Company Ltd. And Rs.3,10,000/- along with one mobile phone.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that petitioner has unnecessarily been made accused in this case. Counsel submits that petitioner is not named in the
Patna High Court CR. MISC. No.85357 of 2024(2) dt.18-01-2025 2/3 FIR and his name has been figured in this case only by virtue of the confessional statement of Arvind Kumar, however, as it transpired later, the mobile hand set said to have been robbed from one of the witnesses, Arvind Kumar who was driving the vehicle, was found to be in use even after the occurrence with the same mobile number. And from the house of Arvind Kumar, the mobile hand set subject to crime along with cash has been recovered. Counsel further submits that one of the co-accused has been granted bail by this Court vide order dated 01.10.2024 passed in Cr. Misc. No.68148 of 2024. Counsel further submits that criminal antecedent of the petitioner is clean and he is ready to fulfill all the conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that in this case, petitioner along with other accused persons including informant has committed the said crime. He further submits that the informant has moved before this Court for regular bail which has been rejected by this Court vide order dated 17.01.2025 passed in Cr. Misc. No.72656 of 2024 with liberty that in case, trial shall not be concluded within six months from today, then petitioner may renew his prayer for bail, but simultaneously, Counsel admits
Patna High Court CR. MISC. No.85357 of 2024(2) dt.18-01-2025 3/3 that from the record, it transpires that there is no criminal antecedent of the petitioner and nothing has been recovered from his possession.
6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 419 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dr. Anshuman, J) Divyansh/- U T