← Library
Patna High CourtCR. MISC./15098/2016bail granted

Gultush Kumar @ Gultush Singh v. The State Of Bihar

2016-04-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15098 of 2016 Arising Out of PS.Case No. -97 Year- 2015 Thana -WARSALIGANJ District- NAWADA ====================================================== Gultush Kumar @ Gultush Singh S/o Arjun Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Mr. Uma Shanker Pd. Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 302, 307/34 of the Indian Penal Code and under section 3 (1) (x), 3(2)(v) of the SC/ST Act.

The prosecution case is that on 15.04.2015 when informant's grand father went to Dariyapur sand ghat, while grazing cattle, Munshi of sand ghat, Arjun Singh, petitioner and Gabbar Singh killed him and threw his dead body. On hearing alarm when informant's uncle, Sudhir Choudhary, went there he was also assaulted by the aforesaid accused persons with Lathi as a result of which he received injuries thereafter the accused persons fled away.

It is submitted by the learned counsel for the petitioner

Patna High Court Cr.Misc. No.15098 of 2016 (2) dt.12-04-2016 2/2 that informant is not eye witness of the occurrence and in the post mortem examination no external injury was found on the deceased and the petitioner has been maliciously roped in this case. Statement has been in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 CJM, Nawada in connection with Warisaliganj P.S. Case No. 97 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) BKS/- U T