Golu Kumar @ Avhisek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21033 of 2015 Arising Out of PS.Case No. -6 Year- 2015 Thana -RAGHOPUR DistrictVAISHALI(HAJIPUR) ====================================================== Golu Kumar @ Avisek Kumar, Son of Sahendra Rai, Resident of Village - Raghopur, West Jurawanpur, District - Vaishali. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Raj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Anusaiya Jaiswal (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 341, 323, 324, 302 and 120 (B) Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that on 15.2.2015 all the accused persons named in the F.I.R. who are Pattidars of the informant including the petitioner forcibly got stopped. Construction of the projecting cares of the house of informant. The local people came and persuaded the accused persons, but the accused persons told that they will not allow the construction at any cost and threatened the informant to short. It is alleged that accused Sonu Kumar fired from the gun of Nawal Kishore Rai. It is alleged that accused Sonu Kumar fired from the gun of Nawal Kishore Rai. It is alleged that when the informant with his uncle was going to Patna on Bike, the accused persons including the petitioner alongwith Sonu Kumar came and started assaulting the informant, and his uncle and non-petitioner Sonu Kumar fired from his Katta in the chest of the informant's uncle and he

Patna High Court Cr.Misc. No.21033 of 2015 (3) dt.09-07-2015 died on the way to hospital. It is alleged that the occurrence has taken place at the instance of Parwati Devi.

It has been submitted on behalf of the petitioner that the main allegation is against one Sonu Kumar who fired from his Katta in the chest of the informant's uncle. It is further submitted that as far as the petitioner is concerned no allegation of assault or minor injury is alleged. It is further submitted that the petitioner has got no criminal antecedents. On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the facts aforesaid that no specific allegation has been made against the petitioner, let the above named petitioner, in the event of his arrest or surrender in the Court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, Distt.-Hajipur in connection with Raghopur P.S. Case No. 06/15. (Sudhir Singh, J.) Kamlesh U T