Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15871 of 2020 Arising Out of PS. Case No.-5 Year-2019 Thana- KASMA District- Aurangabad ====================================================== Golu Kumar Son of Rana Singh, Resident of Village - Chiraylla (Chiraila), P.S. - Kasma, District - Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-11-2020 Heard learned counsel for the petitioner and learned counsel for the State through Video Conferencing. In this case, the petitioner is seeking regular bail in connection with S.Tr. No. 40 of 2020/17 of 2020, arising from Kasma P.S. Case No. 5 of 2019 registered for offence punishable under sections 341, 323, 307/34 of the Indian Penal Code and section 27 of the Arms Act.

Allegation has been made against the petitioner that on 17.01.2019 at about 5:30 P.M., at Chiraila Ganghar More, the victim was talking with his friend Vikku Kumar through mobile in the meantime, Kamlawati Devi, Golu Kumar, Laddu Kumar and Vikky Kumar came there on bolero vehicle. Kamlawati Devi said to finish the victim whereupon Golu Kumar took out

Patna High Court CR. MISC. No.15871 of 2020(4) dt.06-11-2020 2/3 country made pistol and hit the head of the victim which led to fracture in his head. Vikky Kumar Singh and Bitu Kumar caught hold the both hands of the victim and in the meantime Golu Kumar fired from the pistol on the neck of the victim, whereafter, he was shifted to the hospital for treatment. Learned counsel for the petitioner submits that the petitioner has remained in jail for one year and eight months, inasmuch as the nature of allegation is superficial, he has wrongly been framed in the present case to settle the dispute of the land with his agnates.

Looking to the period of custody, let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-X, Aurangabad in connection with S. Tr. No. 40 of 2020/17 of 2020, arising from Kasma P.S. Case No. 5 of 2019, subject to the condition that one of the bailors of the petitioner shall be a close relative. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner would remain absent for two consecutive dates without any reasonable cause, the court below will be at liberty

Patna High Court CR. MISC. No.15871 of 2020(4) dt.06-11-2020 3/3 to pass any appropriate order including cancelling his bail. (Shivaji Pandey, J) Mahesh/- U T