Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11123 of 2025 Arising Out of PS. Case No.-198 Year-2024 Thana- BUDDHACOLONY District- Patna ====================================================== Golu Kumar S/O Gandhi Raut R/O Chakaram ward no. 24, P.S.- Buddha colony, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prashant Kashyap, Advocate For the Opposite Party/s :
Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Budha Colony P.S. Case No. 198 of 2024, instituted for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that, the informant received information that his uncle was shot dead by the petitioner. On receiving this information he went to the place of occurrence and came to know that two unknown miscreants have shot dead the uncle of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.11123 of 2025(3) dt.04-04-2025 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Randhir Kumar and the same has got no evidentiary value. No specific allegation has been attributed against the petitioner, rather the same is general and omnibus in nature. It is next submitted that no T.I. parade has been conducted in this case. The petitioner is in custody since 09.08.2024 and has got two criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 24.02.2025 passed in Cr. Misc. No. 7004 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.11123 of 2025(3) dt.04-04-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Budha Colony P.S. Case No. 198 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T