Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48084 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- DANAPUR District- Patna ====================================================== GOLU KUMAR Son of Shyam Babu @ Natelal Yadav Resident of Awasthi Ghat, P.s- Danapur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, co-accused Nunu Kumar and the petitioner came to the house of the informant and started to abuse his brother and threatened him. On same day his brother went out with his mobile but did not return back till late night. On next day, informant came to know that dead body of his brother was lying in sewage of Awasthi Ghat. It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. There is no eye witness of the alleged occurrence. Save

Patna High Court CR. MISC. No.48084 of 2022(3) dt.19-01-2023 2/2 and except suspicion, nothing has come against the petitioner to implicate him in the present case. Petitioner has not called the informant's brother from his house neither petitioner was seen by any one with the deceased prior to his death. Similarly situated another co-accused, namely, Nunu Kumar has already been granted bail by a different Bench vide order dated 8.12.2022 passed in Cr. Misc. No. 44490 of 2022. Petitioner is languishing in judicial custody since 5.2.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Additional Sessions Judge -VI, Danapur, Patna in connection with Danapur P.S. Case No. 84 of 2022.

(Sunil Kumar Panwar, J) sushma/- u t