Golu Singh@ Golu Kumar Singh @ Anshu Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29712 of 2020 Arising Out of PS. Case No.-30 Year-2019 Thana- DUMRAO District- Buxar ====================================================== GOLU SINGH @ GOLU KUMAR SINGH @ ANSHU JEE, Male, aged about 26 years, Son of Chandra Shekhar Singh, Resident of Village - Madhopur, Police Station - G.B. Nagar, District - Siwan. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Raghav Prasad, Advocate.

For the Opposite Party :

Mr. Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-11-2020 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 after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 447, 341, 323, 504, 506, 509, 427, 307/34, of the I.P.C. and 27 of the Arms Act. The prosecution story, in brief, is that the informant

Patna High Court CR. MISC. No.29712 of 2020(2) dt.10-11-2020 2/3 has 'Geeta Automobile' on the Main Road at Naya Bhojpur. He went outside for his job and on 28.01.2019 at about 3.00 o'clock, he was seeing C.C.T.V. footage in his Mobile. In the meantime, he saw moving his staff here and there. Thereafter, he phoned then his staff stated that three unknown dominoes came with Motorcycle at the Showroom and opened firing indiscriminately resulted which bullet hit upon the tank of Motorcycles resulted which the same and articles kept in Showroom damaged and glass broken. They came for looting and one of them entered firing and abused male and female staffs resulted which his son, namely, Aashish Kumar, received gun shot injury upon his hand who was treated firstly in Sub Divisional Hospital and thereafter for better treatment took away at Sadar Hospital.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 06.06.2020. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has transpired in the present case on basis of confessional statement of co-accused. Except for this, there is no other

Patna High Court CR. MISC. No.29712 of 2020(2) dt.10-11-2020 3/3 substantive evidence to suggest the implication of the petitioner in the present case. The petitioner has not been put on T.I. Parade to ascertain his participation in the alleged occurrence. On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the facts and circumstances of the case, the petitioner above named, is directed to 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 the learned C.J.M., Buxar, in connection with Dumraon(Naya Bhojpur O.P.) P.S. Case No. 30/2019.

(Sudhir Singh, J) U.K./- U T