Golu Kumar @ Gopal @ Gopal Kumar @ Golu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82974 of 2019 Arising Out of PS. Case No.-318 Year-2019 Thana- WARISLIGANJ District- Nawada ====================================================== Golu Kumar @ Gopal @ Gopal Kumar @ Golu Son of Pankaj Kumar Resident of Village-Simridih, Police Station-Warsaliganj, District-Nawada. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-12-2019 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. Informant is the police officer, who has alleged in his written complaint that he received a secret informant that six persons have assembled in order to commit grave crime and as he reached said place, four miscreants were apprehended including petitioner, however two miscreants managed to flee away and from the possession of the petitioner, one mobile phone has been recovered.
It is submitted on behalf of the petitioner submits that he has been falsely implicated in this case and the alleged mobile phone belongs to the petitioner. It is further submitted that similarly placed co-accused, namely, Kanhaiya Kumar has
Patna High Court CR. MISC. No.82974 of 2019(2) dt.13-12-2019 2/2 been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 79036 of 2019 vide order dated 04.12.2019. The petitioner is in custody since 25.09.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Warsaliganj P.S. Case No. 318 of 2019, with following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be property represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) 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.
(S. Kumar, J) S.Katyayan/- U T