The Petitioner, in custody for dacoity, wounding, and arms offences, was released on bail by the High Court after allegations of false implicating by co-accused, subject to specific conditions regarding sureties and cooperation with investigation.
Petitioner released on bail bond of Rs.10,000 with two sureties each of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46012 of 2018
Arising Out of PS.Case No. -162 Year- 2018 Thana -RUPASPUR District- PATNA
====================================================== Golu @ Golu Kumar Singh, Son of Amod Singh, Residence of VillageKalyanpur (Bijalpur), P.S.- Sonpur, District- Saran (Chhapra).
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mrs. Gulnar Begum
====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 16-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.
The petitioner is in custody since 30.04.2018 in connection with Rupaspur P.S.Case No.162 of 2018 registered for the offence under Sections 395, 397, 412 of the Indian Penal Code, Sections 25(1-b)a, 26, 35 of the Arms Act.
Learned counsel for the petitioner submits that three persons were arrested from the Niti Nursing Home, Rupaspur canal who allegedly took the name of the present petitioner before the police and as such the petitioner is facing prosecution in connection with the present case. It is further submitted that one of the arrested persons, namely, Indrajeet Singh, is on enemical terms
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with the petitioner and in order to wreck vengeance has dragged the petitioner in connection with a case bearing Rajiv Nagar P.S. Case No.149 of 2017. It is further submitted that whatever recovery has been made was not from the petitioner and he was not arrested from the place of occurrence.
Considering the aforementioned facts and circumstances of the case and the petitioner has been made accused on the basis of confessional statement of co-accused made before the police which has no evidentiary value, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, N.D.P.S., Patna, in Rupaspur P.S. Case No.162 of 2018 with subject to the following conditions that:
(i) One of the bailors will be his father, (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(iii) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court
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concerned. and
(iv) the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Anjana Mishra, J)
AnilKrSinha/-
U
1 issue framed by the court
Whether the petitioner should be released on bail given the circumstances of the case.
Golu @ Golu Kumar Singh
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
