Golu Kumar @ Golu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31205 of 2024 Arising Out of PS. Case No.-559 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== GOLU KUMAR @ GOLU KUMAR SINGH S/O SRI SURYABANSH SINGH R/O VILLAGE- BAJAREYAN, P.S- SAHAR, DISTT.- BHOJPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Navin Kumar Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Koilwar P.S. Case No. 559 of 2023 dated 15.09.2023, registered for the offences punishable u/ss 302, 120B, 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the co-accused person and some unknown miscreants are alleged to have killed the informant's elder brother and his dead body was thrown at the side of Ara-Chapra four lane road.

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

Patna High Court CR. MISC. No.31205 of 2024(2) dt.01-05-2024 2/3 this case. The petitioner has five criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is not named in the F.I.R. and there is no specific allegation against the petitioner rather the specific allegation of killing is against the co-accused Munna Choudhary. The name of the petitioner surfaced in this case on the basis of confessional statement of the co-accused persons. The petitioner is in custody since 20.09.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur, Ara, in connection with Koilwar P.S. Case No. 559 of 2023 with further condition:-

1. The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his

Patna High Court CR. MISC. No.31205 of 2024(2) dt.01-05-2024 3/3 bail bond.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T