Gautam Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56920 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- GOPALPUR District- Gopalganj ====================================================== GAUTAM THAKUR S/o Kanhaiya Thakur R/o village- Rajapur Bazar, P.S.- Gopalpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 302, 307, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, co-accused Bigan Ram, Pankaj Rai and Devendra Rai fired three bullets on the informant's father and sister, on account of which, both of them sustained fire-arm injuries and father of the informant died on way to hospital.

It is submitted on behalf of petitioner that though, petitioner was present at the place of occurrence, but there is no allegation of firing against him and as per F.I.R. itself, specific allegation of firing against other co-accused persons. Petitioner is in custody since 11.04.2021. Investigation is complete.

Patna High Court CR. MISC. No.56920 of 2021(3) dt.24-03-2022 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. 1st Gopalganj / concerned court in connection with Gopalpur P.S. Case No. 74 of 2021.

(Prabhat Kumar Singh, J) anay/- U T