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Patna High CourtCR. MISC./9937/2019bail granted

Abhinav Abhijeet @ Golden Kumar v. The State Of Bihar

2019-05-02Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9937 of 2019 Arising Out of PS. Case No.-368 Year-2015 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== ABHINAV ABHIJEET @ GOLDEN KUMAR, Son of Shri Jitendra Singh. Resident of Village- Hajiapur Ward No. 9, P.S. and District - Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 307, 120(B)/34, 302 of the Indian Penal Code and Section 27 of the Arms Act. According to F.I.R., two unknown persons came to the office of the informant and threatened him for not obeying the direction of this petitioner. They asked to get the house sold to this petitioner. The petitioner was standing outside the house and one of the two unknown persons allegedly fired at the informant, causing injury. The informant died subsequently. Submission of the learned counsel for the petitioner is that only material against the petitioner is that he was also present outside the said house. His further submission is that in

Patna High Court CR. MISC. No.9937 of 2019(3) dt.02-05-2019 2/2 the past the informant was tenant of the father of this petitioner. Subsequently, a portion of land was given by the father of this petitioner to the informant, who constructed a house thereon and was residing therein. However, he was claiming more than what he got and for that dispute, false allegation has been levelled. Other co-accused has already been allowed bail in this case. Petitioner is in custody since 30.11.2018. Investigation of the case is already complete. Petitioner is ready to co-operate with the trial.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Gopalganj Police Station Case No.368 of 2015, subject to condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) abhishek/- U T