Lullu Goswami @ Lallu Goswami @ Abhishek @ Abhishek Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44005 of 2021 Arising Out of PS. Case No.-756 Year-2020 Thana- SASARAM NAGAR District- Rohtas ====================================================== LULLU GOSWAMI @ LALLU GOSWAMI @ ABHISHEK @ ABHISHEK GOSWAMI Son of Late Gorakh Nath Goswami Resident of Mohalla - Kazipura, P.S. - Sasaram (T), District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2022 Heard the parties.

The petitioner seeks bail in connection with Sasaram (T) P.S. Case No. 756 of 2020, registered for the offence under Sections 302/34 of the Indian Penal Code and Section 25(1b)a/26/35 and 27 of Arms Act. As per F.I.R., petitioner fired upon the informant and caused gun shot injury and as a result whereof informant died during course of treatment.

It is submitted on behalf of the petitioner that informant is not eye witnesses of the occurrence and nowhere he has disclosed the source of information as to how he came to know about the alleged occurrence. During course of investigation, two named eye witnesses have not supported the

Patna High Court CR. MISC. No.44005 of 2021(3) dt.21-03-2022 2/2 prosecution case as alleged in the F.I.R. and petitioner is in custody since 19.12.2020.

Learned APP for the State has opposed the bail petition and submits that there is specific allegation against the petitioner that he caused gun shot injury.

Considering the nature of acquisition and materials available on record, the bail petition of the petitioner is rejected. (Prabhat Kumar Singh, J) sanjeev/- U T