Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21044 of 2023 Arising Out of PS. Case No.-247 Year-2022 Thana- BHAGWANPUR District- Vaishali ====================================================== Golu Kumar Son of Ram Sumer Singh @ Bhola Singh Resident of Village - Atta, P.S.- Marhawrrah, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Prabhakar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 302, 201 of the Indian Penal Code.

As per prosecution case, informant found a dead body of a girl aged about 18-19 years, with her neck tied with Gamcha. It is a suspicion that some unknown criminals had killed her and had thrown the body there.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case only on the basis of confessional statement of co-accused Rajeev Kumar before the police during investigation, which has no evidentiary value in the eye of law. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.21044 of 2023(3) dt.25-07-2023 2/2 occurrence nor he is named in the FIR. The petitioner has got no criminal antecedent as stated in para 3 of the bail petition. It is further submitted that nothing incriminating article has been recovered from the conscious possession of the petitioner. Similarly situated co-accused have already been granted bail by this Court vide order dated 18.05.2023 and 22.05.2023 passed in Cr. Misc. No. 19330 of 2023 and 24681 of 2023 respectively. The petitioner is languishing in judicial custody since 25.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhagwanpur P.S. Case No. 247 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Ist, Vaishali at Hajipur. (Sunil Kumar Panwar, J) lata/- U T