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Patna High CourtCR. MISC./39584/2023bail granted

Golu Kumar @ Golu Paswan @ Bholu Paswan v. The State Of Bihar

2023-07-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39584 of 2023 Arising Out of PS. Case No.-146 Year-2021 Thana- KHANPURA District- Samastipur ====================================================== Golu Kumar @ Golu Paswan @ Bholu Paswan Son Of Pankaj Paswan Resident Of Village Nathudwar, P.S. Khanpur, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gaurav Kumar, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Khanpur P.S. Case No. 146 of 2021 dated 06.07.2021 registered for the offence punishable u/s 302 read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the coaccused persons along with 3-4 unknown persons took away the informant's brother Sintu Paswan and Raushan Paswan on a motorcycle. After two hours, one Joghari Paswan informed that both of them were killed and their dead bodies were found in the water.

Patna High Court CR. MISC. No.39584 of 2023(2) dt.12-07-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The other co-accused persons have already been granted bail by the Co-ordinate Bench of this Court vide order dated 01.05.2023 passed in Criminal Miscellaneous No. 75424 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.08.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Khanpur P.S. Case No. 146 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T