Saurav Kumar @ Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50408 of 2024 Arising Out of PS. Case No.-485 Year-2016 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Saurav Kumar @ Golu Kumar Son of Late Mukesh Singh R/O Vill.- Kaithma, P.S.- Mufassil, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Asmita Bharti, Adv.

For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Muffasil P.S. Case No. 485 of 2016 dated 30.11.2016 registered for the offences punishable u/s 302 read with section 34 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, unknown miscreants are alleged to have shot the informant's son dead.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the

Patna High Court CR. MISC. No.50408 of 2024(2) dt.31-07-2024 2/2 co-accused Vishwajeet Thakur who has stated that on the date of the alleged occurrence the petitioner was with him. The said confessional statement has no evidentiary value. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 05.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Muffasil P.S. Case No. 485 of 2016, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T