Patna High CourtCR. MISC./50816/2023allowed

Guddu Singh @ Guddu Kumar v. The State Of Bihar

2023-09-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50816 of 2023 Arising Out of PS. Case No.-128 Year-2022 Thana- GHOSWARI District- Patna ====================================================== GUDDU SINGH @ GUDDU KUMAR SON OF ANIL KUMAR @ ANIL SINGH R/O VILLAGE- DAULATPUR, PS. WARSALIGANJ, DIST. NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 307, 326, 120B/34 of the Indian Penal Code.

3. As per prosecution case, the accused persons, who is named in the FIR started indiscriminate firing upon the informant's son. It is further alleged that due to gun-shot injury, the informant's son died.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. He submitted that during investigation, the petitioner has been

Patna High Court CR. MISC. No.50816 of 2023(3) dt.06-09-2023 2/2 implicated in the present case only on the basis of confessional statement of one co-accused Raghunath Singh, which has no evidentiary value in the eyes of law. There is no specific overt of firing against the petitioner. On the basis of suspicion and due to his criminal antecedent, the name of the petitioner has come into light. He is languishing in judicial custody since 15.03.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Ghoswari P.S. Case No. 128 of 2022.

(Sunil Kumar Panwar, J) arish/- U