Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32942 of 2016 Arising Out of PS.Case No. -63 Year- 2015 Thana -ARWAL District- JEHANABAD ======================================================

1. Guddu Kumar S/o Sheo Narayan Singh R/o Village- Ankorha, P.S. Daudnagar, District Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 394 and 302 of the Indian Penal Code. It is alleged by the informant that on 27.03.2015 evening when the informant and his staff were going towards their house from the same motorcycle and when they reached near about Hashanpur Kutti petrol pump, three accused persons came behind from them on one motorcycle and stopped the informant and taken key of motorcycle and a bag by showing a revolver and on protest made by the staff of the informant, one accused has shot on the head of the staff of the informant as a result he died on the spot and thereafter all the accused fled away with motorcycle and bag.

Patna High Court Cr.Misc. No.32942 of 2016 (3) dt.21-09-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.02.2016. Charge sheet has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the FIR. The petitioner has not been put on T.I. parade. No looted article has been recovered from the possession of the petitioner. The name of the petitioner has come on the confessional statement of co-accused. Other co-accused has been granted bail vide Annexure 2 to the present application. On behalf of the State, it is submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances of the case, let, above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Arwal in connection with Arwal P.S.Case No. 63 of 2015. (Sudhir Singh, J) singh/- U T