Patna High CourtCR. MISC./19945/2024bail granted

Golu Kumar v. The State Of Bihar

2024-03-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19945 of 2024 Arising Out of PS. Case No.-996 Year-2023 Thana- DIGHA District- Patna ====================================================== Golu Kumar S/O- Ashok Rai R/O- Village- Nakta Diyara, P.S.- Digha, Dist.- Patna. At Present Nasariganj, P.S.- Danapur, Dist.- Patna. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar, Advocate For the Opposite Party/s :

Mr.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Digha P.S. case No. 996 of 2023 instituted for the offences under Sections 307, 341, 323, 325, 504, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution allegation, in short, is that on a dispute over cremation of dead body of the father of the informant, the accused persons, variously armed, including the petitioner came and assaulted and co-accused Mithilesh fired at the son of the informant due to which he sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.19945 of 2024(2) dt.18-03-2024 2/2 present case. There is a case and counter case between the parties. General and omnibus allegation has been made against the petitioner. No specific allegation of assault is alleged against the petitioner Specific allegation of assault is alleged agaisnt Mithilesh Rai and Subodh Rai. The petitioner is in custody since 06.01.2024 and has no criminal antecedent

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Digha P.S. case No. 996 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T