Patna High CourtCR. MISC./63175/2017bail granted

Golu Kumar @ Devanand Kumar v. The State Of Bihar

2018-02-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63175 of 2017 Arising Out of PS.Case No. -839 Year- 2017 Thana -SAHARSA District- SAHARSA ======================================================

1. Golu Kumar @ Devanand Kumar Son of Bachhu Rai Resident of villageBhartiya Nagar Ward No.- 26, P.S.- Saharsa, Dist.- Saharsa.... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha, Adv. For the Opposite Party/s : Mr. Sri Akbar Ali, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 307, 379, 34 of the Indian Penal Code and 27 of Arms Act. According to FIR, the petitioner fired causing injury at the left shoulder of the informant. Co-accused Gabbar fired causing injury at the back. Co-accused Ansh Kumar fired causing injury at the thigh. Other also fired in the sky.

Submission of the learned counsel for the petitioner is that the petitioner is in custody since 01.10.2017. Doctor has found single firearm injury on the person of the injured though at the shoulder. In the circumstances, medical evidence belies the prosecution allegation of hitting and firing the same to

Patna High Court Cr.Misc. No.63175 of 2017 (4) dt.21-02-2018 the injured.

Learned counsel for the informant opposed the prayer for bail.

Considering the entire facts, let the petitioner, above named, be released on bail on framing of the charge or completion of two months of custody from today whichever is earlier, on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Saharsa Sadar Police Station Case No.839 of 2017, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T