Guddu Kumar @ Goda @ Goda Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9394 of 2024 Arising Out of PS. Case No.-234 Year-2022 Thana- PURAINI District- Madhepura ====================================================== Guddu Kumar @ Goda @ Goda Kumar Son Of Arun Singh Resident Of Village- Aurai, Ps- Puraini, Distt- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Chand Prasad For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307 and 34 of the Indian Penal Code and Section 27 of Arms Act.
3. Prosecution case in short, is that, while the informant was returning from Bhagalpur to his house, four unknown miscreants masked their faces riding on Apache motorcycle chased the informant on way and fired upon him due to which he sustained firearm injury.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.9394 of 2024(2) dt.20-02-2024 2/3 the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner was neither arrested on spot nor he is named in FIR rather his name came into light in this case during investigation on the basis of his self confession before the police which has got no evidentiary value in the eye of law. There is no eye witness of the alleged occurrence and also nothing consistent material has come against the petitioner in respect of firing upon the informant. He has not been put on TI parade. Similarly situated other coaccused person has already been granted bail by another coordinate Bench of this Court vide order dated 30.08.2023 in Cr. Misc. No. 56346 of 2023. Moreover, the petitioner is languishing in judicial custody since 23.01.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Puraini P.S. Case No. 234 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.9394 of 2024(2) dt.20-02-2024 3/3 satisfaction of learned A.C.J.M.-I, Udakishunganj, Madhepura.
(Sunil Kumar Panwar, J) Manish/- U T