Golu Kamat @ Goloo Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15337 of 2023 Arising Out of PS. Case No.-332 Year-2022 Thana- SAHARSA SADAR District- Saharsa ====================================================== GOLU KAMAT @ GOLOO KAMAT S/o Badri Kamat R/o Village- Sihaul, P.S.- Bihra, Distt- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act. As per FIR, the allegation against unknown miscreants is that they committed murder of the informant's husband by means of opened firearm.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR and merely on the basis of suspicion he has falsely been implicated in this case. It is further submitted that the petitioner is languishing in judicial custody

Patna High Court CR. MISC. No.15337 of 2023(3) dt.12-07-2023 2/2 since 04.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that during investigation the petitioner confessed his guilt that he committed murder of the informant's husband by means of opened firearm. As per postmortem report, which is annexed with case diary wherein doctor opined caused of death due to cardio respiratory arrest as a result of haemorrhage shock caused by firearm injury. Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of opening fire upon the head of the deceased, resulting into his death, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

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