Avinash Kumar @ Golu @ Golu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63387 of 2018 Arising Out of PS.Case No. -841 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Avinash Kumar @ Golu @ Golu Sah Son of Shiv Prasad Shah, Resident of Mundichak,near Mini Market, Police Station-Tilka Manjhi Kotwali, Distt.-Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in Kotwali (Tilkamanjhi) P.S. Case No. 841 of 2017 registered for the offence punishable under Sections 147, 148, 149, 323, 324, 504, 506, 307 of the IPC and Section 27 of the Arms Act.

Allegation against the petitioner and co-accused is of causing three round firing upon the informant with an intention to kill him.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. There was scuffle between the two groups of boys for playground. The injury is simple and minor in nature. Petitioner is in custody since

Patna High Court Cr.Misc. No.63387 of 2018 (3) dt.20-11-2018 2/2 22.06.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Tilkamanjhi) P.S. Case No. 841 of 2017 with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operative in the trial and shall be represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) sushma/- U T