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Patna High CourtCR. MISC./27301/2023allowed

Golu Choudhary v. The State Of Bihar

2024-01-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27301 of 2023 Arising Out of PS. Case No.-300 Year-2021 Thana- KASIMBAZAR District- Munger ====================================================== GOLU CHOUDHARY Son of Arjun Choudhary R/o Mohalla- Chandan Bagh, Nayatola, PS- Kasim Bazar, Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, some unknown miscreants have killed the brother of the informant, while he was returning from restaurant after work.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Amrit Kumar Rowt @ Datla and he has

Patna High Court CR. MISC. No.27301 of 2023(3) dt.15-01-2024 2/2 already been granted bail by a Co-ordinate Bench vide order dated 21.06.2023 passed in Cr. Misc. No. 5935 of 2023. There is no specific allegation against the petitioner and no incriminating articles have been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 04.11.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Munger in connection with Kasimbazar P.S. Case No. 300 of 2021.

(Sunil Kumar Panwar, J) Arish/- U T