Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12444 of 2024 Arising Out of PS. Case No.-208 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== GAUTAM KUMAR S/O JAY JAY RAM YADAV R/V MAHESHWARA, PS. NAWKOTHI, DISTT.- BEGUSARAI.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Khodawandpur (Chhorahi O.P) P.S Case No. 208 of 2023 registered for the offences punishable under Sections 302/34 of the I.P.C and Section 27 of the Arms Act.
3. As per prosecution case, it is alleged that unknown person killed the informant's brother.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. No incriminating articles recovered from the conscious possession of the petitioner. It is also submitted that petitioner is not named in FIR.
Patna High Court CR. MISC. No.12444 of 2024(4) dt.23-04-2024 2/2
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, case dairy, impugned order it appears that during investigation one Alok Kumar said petitioner was seen going to the place of occurrence along with co-accused persons but co-accused Bambam Singh made gunshot firing upon the deceased as a result of which he died, accused persons covered their face by gamchha, no arms and ammunition recovered from the petitioner and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Mgistrate 1st Class, Manjhaul, District- Begusarai in connection with Khodawandpur (Chhorahi O.P) P.S Case No. 208 of 2023. (Ramesh Chand Malviya, J) Mayank/- U T