Guddu Kumar @ Guddu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46032 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== Guddu Kumar @ Guddu Rai Son of Late Ashok Rai @ Bhikhari Rai Resident of Village - Pachrukhiy Kala (Rajapur), P.S.- Koelwar, District - Bhojpur at Ara (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in connection with Koilwar P.S. Case No. 112 of 2024 registered under Sections 147, 148, 149, 290, 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is alleged that informant, at about 1:50 PM, reached Mahadev Chak Diara, where some villagers were working, and informant inquired from them about the shootout and came to know that for illegal sand mining, at about 11:45 AM, the gang of Satyendra Pandey and Guddu Rai fired at each other, in which one of the gang members of the Satyendra Pandey gang sustained a bullet injury and was taken for treatment at Ara.

Patna High Court CR. MISC. No.46032 of 2024(3) dt.22-08-2024 2/3 When informant reached the place of occurrence and searched, two used cartridges of 30.06 bore were recovered.

4. Submission of learned counsel for the petitioner is that there is no specific allegation against the petitioner. He is innocent and has falsely been implication in this case merely on suspicion. Allegation against the petitioner is general and omnibus. No arms and ammunition has been recovered from the conscious possession of the petitioner.

5. However, learned A.P.P. appearing on behalf of the State vehemently opposed the prayer for bail and submits that petitioner is named in the First Information Report. During course of investigation, it has come that petitioner is the leader of the gang, who is indulged in illegal mining and trafficking of illegal sand and the shoot out took place on account of supremacy over the area between the gang of Satyendra Pandey and the petitioner. It is further submitted that petitioner has got 16 criminal antecedents, in which some of them are of similar nature. Hence, he does not deserve to be enlarged on anticipatory bail.

6. Having considered the nature of accusation and the gravity of offence as well as the long criminal history, this Court is not inclined to grant anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.46032 of 2024(3) dt.22-08-2024 3/3 Accordingly, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) utkarsh/- U T