Gudu Kumar @ Guddu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3916 of 2021 Arising Out of PS. Case No.-93 Year-2020 Thana- ARA NAGAR District- Bhojpur ====================================================== GUDU KUMAR @ GUDDU PRASAD, SON OF MUNNA PRASAD, R/O MOHALLA- SHITAL TOLA, ARA, P.S.- ARA TOWN, DISTRICTBHOJPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Sharma, Adv.

For the Opposite Party/s :

Mr.Brij Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-06-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks 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.

Allegation against the petitioner alongwith other accused persons is of killing the husband of the informant by gun shot.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The husband of the informant taken Rs.50,000/- from the petitioner for running his shop one year ago but he has not returned the money to the petitioner and due to paucity of the

Patna High Court CR. MISC. No.3916 of 2021(3) dt.02-06-2021 2/3 fund the petitioner was demanding money from the husband of the informant. In the meantime, the occurrence took place and the informant took the name of the petitioner only to settle the money dispute with the petitioner. There is enmity with one Rakesh Kumar with the husband of the informant and due to that the husband of the informant killed by them. The petitioner is in jail custody since 04.03.2020 and there is no criminal antecedent against the petitioner.

Learned APP for the State opposes the prayer for bail petition of the petitioner and submits that according to the FIR, there is specific allegation against the petitioner namely Guddu Kumar who fired upon the deceased.

I perused the case diary there is specific overt act against the petitioner namely Guddu Kumar who fired upon the deceased and the witnesses have also supported the prosecution case.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Ara Town P.S. Case No. 93/2020 from the Court of learned Chief Judicial Magistrate, Ara.

Accordingly, this application is dismissed.

Patna High Court CR. MISC. No.3916 of 2021(3) dt.02-06-2021 3/3 However, the trial court is directed to expedite the trial.

(Anjani Kumar Sharan, J) amitkumar/- U T