Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22000 of 2021 Arising Out of PS. Case No.-128 Year-2020 Thana- MATIHANI District- Begusarai ====================================================== 1.

CHANDAN KUMAR S/o Tulsi Singh R/o village- Ramdiri, P.S.- Matihani, District- Begusarai 2.

Golu Kumar S/o Tulsi Singh R/o village- Ramdiri, P.S.- Matihani, DistrictBegusarai ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-09-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 20.03.2021, within four weeks. Learned counsel appearing on behalf of the petitioners seeks permission to withdraw the application filed on behalf of the petitioner No. 1, namely, Chandan Kumar as he has already been apprehended by the Police.

In view of the above, the application filed on behalf of the petitioner No. 1, namely, Chandan Kumar is dismissed as withdrawn.

Heard learned counsel appearing on behalf of petitioner No. 2 Golu Kumar and the learned A.P.P. for the State.

Patna High Court CR. MISC. No.22000 of 2021(2) dt.27-09-2021 2/3 The petitioner No.2 Golu Kumar apprehends his arrest in connection with Matihani P.S. Case no. 128 of 2020, registered under Sections 147, 149, 323, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act. The accusation is that informant Saurabh Kumar was going to serve the fodder to his mare, in the meantime, six persons named in the F.I.R., including petitioner No.2 Golu Kumar attached at him along with two unknown, who had covered their faces and started making firing. Learned counsel for the petitioner No.2 Golu Kumar submits that petitioner No.2 is the co-villager of the informant and he has falsely been implicated in this case due to dirty village politics. The petitioner No.2 Golu Kumar has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner No.2 Golu Kumar be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sri Rajeev Kumar, J.M.1st Class, Begusarai in connection with Matihani P.S. Case No. 128 of 2020, subject to the condition as laid down

Patna High Court CR. MISC. No.22000 of 2021(2) dt.27-09-2021 3/3 under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T