Golu Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Golu Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for bail allowed: petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura, in connection with Barbigha P.S. Case No. 476 of 2023.

Issue for consideration

Whether the petitioner, in custody since 11.11.2023 in connection with Barbigha P.S. Case No. 476 of 2023 (IPC Ss. 419, 420, 468, 120(B)), should be released on bail.

Ratio / Principle

Considering the facts aforesaid and the period under custody, the petitioner was found entitled to release on bail.

Key takeaways

The petitioner was ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Sheikhpura, in connection with Barbigha P.S. Case No. 476 of 2023.ratio¶19

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Justice Sunil Kumar Panwar), Criminal Miscellaneous No. 5227 of 2024, oral order dated 07-02-2024 — Golu Kumar v. The State of Bihar — arising out of Barbigha P.S. Case No. 476 of 2023, District Sheikhpura, offences punishable under Sections 419, 420, 468, 120(B) of the Indian Penal Code — petitioner in custody since 11.11.2023 after a raid, based on information of cyber crime behind the house of Perma Nand Singh, in which three persons including the petitioner were arrested — counsel for petitioner submitted that he was innocent and falsely implicated, nothing incriminating recovered from his conscious possession, he owned the allegedly seized mobile, and had no criminal antecedent (stated in para 3 of the petition); learned A.P.P. for the State opposed the prayer for bail — the Court, considering the facts aforesaid and the period under custody, ordered release on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura, in connection with Barbigha P.S. Case No. 476 of 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5227 of 2024

Arising Out of PS. Case No.-476 Year-2023 Thana- BARBIGHA District- Sheikhpura

======================================================

Golu Kumar Son Of Surendra Yadav Resident Of Village- Pinjari P.S. Barbigha, District- Sheikhpura

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Dr. Anjani Pd. Singh For the Opposite Party/s : Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

2 07-02-2024

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 419, 420, 468, 120(B) of the Indian Penal Code.

As per the prosecution case, on getting information that some persons are doing cyber crime behind the house of Perma Nand Singh, raid was laid and three persons including the petitioner were arrested.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.5227 of 2024(2) dt.07-02-2024 2/2

been implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is the owner of the alleged seized mobile. The petitioner is languishing in custody since 11.11.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Barbigha P.S.

Case No. 476 of 2023.

(Sunil Kumar Panwar, J)

Shageer/-

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