Dushyant Kumar @ Golu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20665 of 2021 Arising Out of PS. Case No.-645 Year-2020 Thana- SAHARSA SADAR District- Saharsa ====================================================== DUSHYANT KUMAR @ GOLU SINGH SON OF SHASHI BHUSHAN SINGH R/O VILLAGE- SANT NAGAR, WARD NO.-15, P.S.- SAHARSA SADAR, DISTRICT- SAHARSA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Anshuman, Advocate For the Opposite Party/s :
Mr. Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-09-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 307 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, information was received on telephone by the informant that the petitioner and one another accused was carrying out firing in the mohalla to create an atmosphere of terror. It is stated that on reaching the place of occurrence an empty cartridge was recovered in presence of two independent witnesses.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case. The allegations in the FIR are absolutely false and the
Patna High Court CR. MISC. No.20665 of 2021(2) dt.23-09-2021 2/2 same has been made by the police in connivance with the accused of Saharsa (Sadar) P.S.Case no. 231 of 2020. It is submitted that the false implication of the petitioner would be evident from perusal of the FIR of Saharsa (Sadar) P.S.Case no. 641 of 2020 with the similarity of the allegation against the petitioner therein and the present FIR. The petitioner is in custody since 7.9.2020 and chargesheet has been submitted in the case.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR together with the petitioner having remained in custody for over one year, the petitioner is directed to be enlarged on bail in connection with Saharsa Sadar P.S. Case no. 645 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa. (Partha Sarthy, J) Spd/- U T