Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6244 of 2023 Arising Out of PS. Case No.-526 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== GOLU KUMAR S/o Late Bhramdeo Rai R/o Village- Yadav Chak, P.S.- Parsa Bazar, Distt- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 337, 338, 307, 302/34 of the Indian Penal Code. According to the FIR, the informant alleged that his brother namely, Fotan Rai was assaulted by bricks and stones by the accused persons including the petitioner with a view to grab his property. When the brother of the informant was taken to hospital but during course of treatment, he died. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted vide para 15 of the petition that the informant herself gave Fardebyan

Patna High Court CR. MISC. No.6244 of 2023(3) dt.19-06-2023 2/2 after death of the deceased by manipulating the entire facts that his brother was killed by the accused persons with intention to grab his property whereas the informant already filed Title Partition Suit no. 210 of 2022. It is further submitted general and omnibus allegation of assaulting against the petitioner. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 21.8.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

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 Phulwarisharif P.S. Case No. 526 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIV, Patna.

(Sunil Kumar Panwar, J) Amandeep/- U T