Subham Kumar Sinha @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24565 of 2020 Arising Out of PS. Case No.-119 Year-2020 Thana- GAYA KOTWALI District- Gaya ====================================================== Subham Kumar Sinha @ Golu, aged about 25 years, Male, S/o Sunil Kumar Sinha @ Sudhir Kumar Sinha, Resident of Village-Ghunghritand Bypass, P.S.-Bishnupad, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Advocate For the State :

Mr.Anil Kumar Singh No.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2020 Heard the parties through virtual court proceeding. The petitioner seeks bail in connection with Kotwali P.S. Case No.119 of 2020 registered for the offences punishable under Sections 341, 323, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Crux of allegtion as set out in the F.I.R. is that on 12.03.2020 at about 09:00 P.M. while the informant was sitting in his home, some persons on three motorcycles arrived there and petitioner Subham Kumar @ Golu having country made pistol in his hand fired upon the informant with intention to kill which crossed by touching his shoulder and piercing his shirt. Other co-accused Rishi Kumar also fired from pistol at him as a result he fell down on his door. The reason behind the

Patna High Court CR. MISC. No.24565 of 2020(3) dt.04-11-2020 2/3 occurrence is that the accused/petitioner used to tease Simran Kumari by telephone and Facebook, in which the informant intervened.

Learned counsel for the petitioner submits that the petitioner is innocent person, committed no offence and has been falsely implicated in the case. He further submits that the petitioner is in jail custody since 14.03.2020 and petitioner has got no any criminal antecedent mentioned in paragraph-3 of the bail petition.

Allegation against the petitioner is that he fired upon the informant with intention to kill the informant, which crossed by touching his shoulder and piercing his shirt. Another coaccused Rishi Kumar also fired from pistol at him as a result he fell down on his door.

Learned counsel for the petitioner submits that the injury report, as enclosed in the case diary, says that the nature of the injury is simple in nature.

Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be released on bail after framing of charge on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the

Patna High Court CR. MISC. No.24565 of 2020(3) dt.04-11-2020 3/3 satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No.119 of 2020. (Anjani Kumar Sharan, J) Nasimul/- U T