Golu Kumar @ Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2842 of 2025 Arising Out of PS. Case No.-236 Year-2024 Thana- BIHAR District- Nalanda ====================================================== GOLU KUMAR @ GAUTAM KUMAR S/o- Shailendra Prasad @ Shailendra Yadav Resident of Meerganj, P.S- Bihar Dist-Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Usha Kumari Singh, Advocate For the Opposite Party/s :
Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-01-2025 Heard Ms.Usha Kumari Singh, learned counsel for the petitioner and Mr.Arun Kumar Singh, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 04.12.2024 in connection with Bihar P.S. Case No. 236 of 2024, F.I.R. dated 27.03.2024 registered for the offence punishable under Sections 147,148,149,341,342,323,324,307,504,506 of IPC and Section 27 of Arms Act.
3. According to prosecution case, all the accused persons including the petitioner have assaulted the informant and his family members by means of lathi-danda. It is further alleged that the petitioner has fired upon the informant with an intention to kill him.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.2842 of 2025(2) dt.24-01-2025 2/3 submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. There is case and counter case and due to some petty dispute, the present occurrence had taken place. Although there is specific allegation against the petitioner in the FIR that he assaulted to the informant and his family members but learned counsel for the petitioner submits that the present occurrence had taken place at the spur of moment and there is no intention to assault the informant or his family members and the petitioner's side also received injury and the petitioner is in custody since 04.12.2024.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits.
6. Considering the aforesaid fact, petitioner has clean antecedent and there is case and counter case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda, Biharsharif in connection with Bihar P.S. Case No. 236 of 2024, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.2842 of 2025(2) dt.24-01-2025 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T