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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30217 of 2020 Arising Out of PS. Case No.-121 Year-2016 Thana- PAKRIDAYAL District- East Champaran ====================================================== GOLU KUMAR @ GOLU SINGH @ AVANISH KUMAR @ AVNISH SINGH S/o Vinod Singh Resident of Village-Kapoor Pakri, P.S.-Shikarganj, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Binod Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 302, 307, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that six persons, named in the FIR, entered the house of the informant and started making firing due to which father of the informant, Rajkishore Prasad, Champa Devi and Mantun @Aryan, the mother and nephew of the informant respectively sustained firearm injuries and died. The ladies of the family of the informant and the family members of Ganesh Sahni saw the occurrence from their roofs and identified

Patna High Court CR. MISC. No.30217 of 2020(3) dt.05-01-2021 2/2 the culprits.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that petitioner is not named in the FIR. FIR named accused persons are alleged to have assaulted to the deceased causing death. During investigation it revealed that petitioner was also living in the vicinity and was also involved in the occurrence. He submits that similarly situated co-accused has been granted bail by coordinate Benches of this Court in Cr. Misc. No. 4117 of 2017 on 10.04.2017 and in Cr. Misc. No. 20096 of 2017 on 22.06.2017. He further submits that petitioner is languishing in judicial custody since 10.02.2020. In the facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Pakaridayal P.S. Case No. 121 of 2016.

(Anjani Kumar Sharan, J) devendra/- U T