Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30857 of 2023 Arising Out of PS. Case No.-132 Year-2022 Thana- NIMACHANDPURA District- Begusarai ====================================================== 1.

GOLU KUMAR Son of Late Chhatish Roy R/o vill. - Jagdishpur, Jila Tola, P.S.- Nima Chandpura, Dist.- Begusarai 2.

Raja Babu Kumar @ Jhabru Rai Son of Late Chhatish Roy R/o vill. - Jagdishpur, Jila Tola, P.S.- Nima Chandpura, Dist.- Begusarai ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Nima Chandpura P.S. Case No.132 of 2022 for the offences punishable under Sections 341, 323, 384, 379, 504 & 506/34 of the Indian Penal Code.

3. The petitioners along with other co-accused is said to have brutally assaulted the informant and his brother on non-fulfillment of demand of rangdari.

4. The petitioners are quite innocent and have been falsely implicated in this case due to previous grudge. The allegations levelled against the petitioners is general and omnibus in nature. It is further submitted that the I.O. of the case has visited at the place of occurrence but nothing

Patna High Court CR. MISC. No.30857 of 2023(2) dt.14-07-2023 2/2 incriminating article has been found there and not even a single drop of blood was seen by the I.O. there to substantiate the case of the prosecution. It is further submitted that the case is out and out false from the prosecution story and as a matter of fact by concealing the actual fact of affair this present criminal prosecution has been launched against the petitioner without having any base and with ill motive of extortion of these persons. Petitioners of have no criminal antecedent.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected.

7. However, if the petitioners surrender before the learned Court below within six weeks from today and seek regular bail the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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