Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37812 of 2021 Arising Out of PS. Case No.-41 Year-2019 Thana- SARAI District- Vaishali ====================================================== Golu Kumar, Son Of Jainath Singh @ Jagar Nath Singh R/O Village - Shambhopur, Koari, P.S. - Sarai, District - Vaishali. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506/ 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 11.02.2019, the petitioner along with Chiku Kumar came and were consuming liquor which was objected by the informant on which, Chiku Kumar assaulted and causing injury on his head.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. No overt act has been alleged against him. Allegation of assault is

Patna High Court CR. MISC. No.37812 of 2021(2) dt.15-06-2022 2/2 against Chiku Kumar and police after investigation, submitted charge-sheet under bailable sections, but the learned Court below differing with the police report took cognizance under Section 307 of the I.P.C.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner and also taking into consideration the age of the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sarai P. S. Case No.41 of 2019, with a condition that one of the bailors shall be the father of the petitioner namely, Jainath Singh @ Jagar Nath Singh, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T