Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49280 of 2022 Arising Out of PS. Case No.-20 Year-2019 Thana- SAHPUR District- Patna ====================================================== Golu Kumar Son Of Nazir Rai @ Nazeer Rai R/O Village- Habaspur, P.S.- Shahpur, District- Patna ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satrudhan Kumar For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code and subsequently section 302, 201 of Indian Penal Code was added. As per allegation in the FIR, the petitioner along with other co-accused persons, variously armed, assaulted the nephew of the informant, due to which he succumbed to injuries.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.49280 of 2022(3) dt.15-02-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that the fact is that the nephew of the informant ie. deceased met with an accident on 12.01.2019 and he was lying injured on the road. The petitioner and other persons seeing him, took him to the local doctor, who advised him to take him to a better hospital and thereafter the family members of the injured was informed. This fact is evident from the statement of Dr. Ram Chandar Rai, mentioned in para 32 of the case diary. From prescription of the hospital, it appears that initially the complaint was made of head injury due to RTA(Road Traffic Accident). This fact also get substantiated from the consent for the admission in the ICU wherein at the top left RTA has been mentioned meaning thereby the patient was injured due to Road Transit Accident. It is also submitted that petitioner is languishing in judicial custody since 28.03.2022. Learned APP appearing for the State has
Patna High Court CR. MISC. No.49280 of 2022(3) dt.15-02-2023 3/3 vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration 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 in connection with Shahpur P.S. Case No. 20 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VIth , Danapur. (Sunil Kumar Panwar, J) nirajkrs/- U T