Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13789 of 2020 Arising Out of PS. Case No.-211 Year-2019 Thana- SALIMPUR District- Patna ====================================================== GAURAV KUMAR Son of Anil Singh Resident of Salimpur Milki, P.S.- Salimpur, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Ranjan Sinha, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302, 120B/34of the Indian Pena Code and 27 of the Arms Act.

Prosecution case, in short, is that on 21.10.2019 at 8 p.m. the accused persons including the petitioner came to the house of the informant and called her husband and they reached near dalan of Dinesh Kumar. Then accused Pappu Yadav shot at her husband, due to which he fell down and was taken to the

Patna High Court CR. MISC. No.13789 of 2020(3) dt.27-08-2020 2/3 Hospital, where her husband died during treatment. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. As per F.I.R., it is a case of last seen. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of Sri K.P. Arya, learned J.M. 1st class, Barh, District Patna in connection with Salimpur P.S. case No.211 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven

Patna High Court CR. MISC. No.13789 of 2020(3) dt.27-08-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T