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Patna High CourtCR. MISC./37872/2020bail granted

Golu Kumar Singh @ Shashwat @ Golu v. The State Of Bihar

2021-02-08Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 37872 of 2020 Arising Out of PS. Case No.-112 Year-2020 Thana- AIRPORT District- Patna ====================================================== GOLU KUMAR SINGH @ SHASHWAT @ GOLU son of Ram Bihari Singh Resident of Village- Jhawan, P.S.- Bihiya, District- Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Bindhyachal Singh, Advocate For the S t a t e :

Mr Jitendra Kr Singh, APP For the I n f o r m a n t :

Mr Jairam Prasad, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 08-02-2021 Heard learned counsel for the petitioner, informant and the learned APP for the State.

The petitioner seeks bail in Hawai Adda Police Station (for brevity, PS) Case No 112 of 2020 dated 17.07.2020 instituted for the offence punishable under Sections 341, 323, 307/34 of Indian Penal Code.

It is alleged that the petitioner has assaulted the informant's son as well as grandson.

Learned counsel for the petitioner submits that the injury report does not inspire confidence as the same has been prepared after delay of one month. The petitioner has no criminal antecedent and since the prosecution party and the accused persons are staying in the same house, some altercation

Patna High Court CR. MISC. No.37872 of 2020(2) dt.08-02-2021 2/3 had occurred in respect of which there is a version from the petitioner's side also in Hawai Adda PS Case No 113 of 2020, lodged by the petitioner. Both sides have sustained injuries and now the petitioner is in custody since 20.07.2020. Learned counsel for the informant as well as learned APP have opposed the prayer for bail.

Considering the rival submissions, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in Hawai Adda PS Case No 112 of 2020 dated 17.07.2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today

Patna High Court CR. MISC. No.37872 of 2020(2) dt.08-02-2021 3/3 for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T