Akash Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25318 of 2020 Arising Out of PS. Case No.-49 Year-2018 Thana- DUMRAO District- Buxar ====================================================== AKASH KUMAR @ GOLU Son of Harendra Rai Resident of VillageChilahari, Police Station- Dumraon (Naya Bhojpur O.P.), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 506 and 120(B) of the Indian Penal Code and 27 of the Arms Act. The prosecution case in short is that the accused persons, variously armed, surrounded the brother and nephew

Patna High Court CR. MISC. No.25318 of 2020(2) dt.28-09-2020 2/2 of the informant and fired due to which they sustained injuries. It has been submitted on behalf of the petitioner that the petitioner is in custody since 5.2.2020. There is no allegation of tampering of witnesses alleged against the petitioner. Chargesheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There are multiple litigation pending between the parties. General and omnibus allegation of firing is alleged against the accused persons including the petitioner. Similar fire arm shot is said to have been sustained by the victim. No specific overt act is alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dumraon (Naya Bhojpur O.P.) P.S. Case No. 49 of 2018. (Sudhir Singh, J) Pankaj/- U T