Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1231 of 2017 Arising Out of PS.Case No. -114 Year- 2014 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Guddu Kumar, son of Sheo Narayan Singh, resident of Village Ankorha, P.S. Daudnagar, District Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 23.12.2015 in connection with Daudnagar P.S. Case No. 114/14 for offences punishable under Sections 302/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he along with his friend Prem Prakash @ Mantu went in a marriage ceremony where some quarrel took place, one motorcycle was burnt and Prem Prakash was seen at 3.30 A.M. and on the next day his dead body was found in the village. It has been alleged that some unknown person had committed the murder of Prem Prakash.

It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.1231 of 2017 (2) dt.16-01-2017 2/2 the petitioner that the First Information Report has been lodged against unknown and there appears to be cloud of suspicion and that on the confessional statement of the co-accused the petitioner has been made accused. He submits that the charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. He further submits that two of the co-accused has since been granted the privilege of bail by a Coordinate Bench of this court in Cr. Misc. No. 27285 of 2015 on 03.08.2015 and Cr. Misc. No. 3064 of 2016 on 01.02.2016. However, learned APP for the State opposes the prayer for bail.

Be that as it may, considering the facts and circumstances and that other co-accused have since been granted the privilege of bail, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Daudnagar, Aurangabad, in connection with Daudnagar P.S. Case No. 114/14.

(Nilu Agrawal, J) Rajesh/- U T