Guddu Kumar @ Guddu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50420 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- Jaitpur District- Muzaffarpur ====================================================== Guddu Kumar @ Guddu Kumar Singh Son of Ramashankar Singh Resident of Vill- Chainpura @ Chandpura, P.S.- Deoriya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore For the Informant :

Mr. Suraj Narain Yadav For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned counsel for the Informant as well as learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jaitpur P.S. Case No. 09 of 2024 dated 10.03.2024 registered for the offences punishable u/s 302 read with section 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused persons boarded on three motorcycles are alleged to have fired which hit below the right shoulder of the informant's cousin brother thereafter, the injured were taken to hospital where the doctor declared him dead.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.50420 of 2024(2) dt.31-07-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner was not present on the the spot. The name of the petitioner has sprung up only because his motorcycle was found at the place of occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.03.2024.

5. Learned counsel for the Informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and stated that the petitioner is the owner of the motorcycle bearing Reg No. BR06DB9412 which was found at the place of occurrence. It is further submitted that there is sufficient material indicative of the petitioner is active involvement in the alleged crime.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail.

7. The application stands rejected.

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