Golu Kumar @ Truck Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.550 of 2022 Arising Out of PS. Case No.-169 Year-2021 Thana- PIRO District- Bhojpur ====================================================== Golu Kumar @ Truck Sharma Son Of Suraj Sharma Resident Of Village - Balua Tola, P.S. - Piro, District - Bhojpur.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Shivmuni Paswan Son of Hridya Nand Paswan Resident of Mohalla - Piro, Ward no. 17, P.S. - Piro, District - Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Surendra Kumar Mishra For the Informant/s :

Mr. Ramchandra Singh For the State :

Ms. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 20.01.2022 passed by learned 1st Additional Sessions Judge, Bhojpur, Ara in connection with Piro P.S. Case No. 169 of 2021 instituted for the offences punishable under Sections 302/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(2)(v) of the SC/ST Act whereby his prayer for being released on bail has been rejected.

Patna High Court CR. APP (SJ) No.550 of 2022(5) dt.06-04-2023 2/3 It is alleged against the appellant that he along with other accused persons have shot at the brother of the informant, as a result of which, he died due to gunshot injury.

It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. The appellant is a student and merely on suspicion, he has been roped in the present case. The appellant is languishing in custody since 29.05.2021. A statement has been made in para 3 of the petition is that appellant has no criminal antecedent.

Learned Counsel appearing on behalf of the informant and learned Special P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the appellant and submitted that there is specific allegation against the appellant that he shot at the brother of the informant, as a result of which, he died due to gunshot injuries. The postmortem report also

Patna High Court CR. APP (SJ) No.550 of 2022(5) dt.06-04-2023 3/3 opined the cause of death by firearm.

Considering the fact that there is specific allegation against the appellant, this Court is not inclined to grant the privilege of bail to the appellant. The prayer for grant of bail to the appellant stands rejected. The Trial Court is directed to expedite the trial and conclude the same at the earliest.

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