Golu Kumar @ Golu Kumar Singh @ Golu Singh @ Abhay Kumar @ Abhay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31018 of 2021 Arising Out of PS. Case No.-277 Year-2019 Thana- MAHNAR District- Vaishali ====================================================== Golu Kumar @ Golu Kumar Singh @ Golu Singh @ Abhay Kumar @ Abhay Kumar Singh S/o Randhir Singh @ Lalan Singh R/o Village- Alipur Hatta, P.O.- Allipur Hatta, P.S.- Mahnar, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrityunjay Kumar, Adv.
For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard.
The petitioner seeks regular bail in connection with Mahnar P.S. Case No. 277 of 2019 for the offence punishable under Sections 353/ 307/34 of the Indian Penal Code. The allegation is regarding unknown miscreants, who were riding on Apache motorcycle, upon seeing the police constable had tried to flee away and while fleeing away, they had pushed the informant, resulting in him falling on ground and receiving certain injuries.
The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, and is languishing in custody since 15.01.2021. The learned counsel for the petitioner has further submitted that there is no allegation of commission of any crime qua the petitioner herein and moreover, he had been remanded in the present case while he was in custody in connection with another
Patna High Court CR. MISC. No.31018 of 2021(2) dt.13-12-2021 2/2 case bearing Mahnar P.S. Case No. 257 of 2020. It is also submitted that no Test Identification Parade has been conducted and it has been stated that he has been identified merely on the basis of the photograph.
Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail, made by the petitioner.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the nature of allegation and the fact that the petitioner is languishing in custody since 15.01.2021, I deem fit and proper to I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahnar P.S. Case No.277 of 2019. (Mohit Kumar Shah, J) Tiwary/- U T