Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50400 of 2022 Arising Out of PS. Case No.-296 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Guddu Kumar S/O Pappu Yadav R/O Village- Sikandarpur (Rajaura), Ward No. 08, P.S.- Muffasil, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sumiran Rai, Advocate.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-12-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mufassil P.S. Case No. 296 of 2021 lodged under Section 302/34 of the I.P.C. read with Section 27 of Arms Act. As per prosecution case, informant disclosed that his son was called by his friend namely Bittu at about 11.15 pm, the villagers have informed that Pappu Yadav and others are threatening to his son keeping pistol in his hand and demanding Rs.1 lac and they started abusing the son of informant. Informant immediately reached there and have seen that 4

Patna High Court CR. MISC. No.50400 of 2022(2) dt.24-12-2022 2/3 accused persons including the petitioner were assaulting his son but she herself made specific allegation against Pappu Yadav to make fire on the right side of his chest, due to which his son died.

Learned counsel for the petitioner submits that it is true that petitioner is named in the F.I.R. but the allegation of assault is only there in the F.I.R. against the petitioner. There is specific allegation against Pappu Yadav to shot fire on the right side of the chest of the deceased. He further submits that antecedent of petitioner is clean, he is in custody since 20.04.2022 and charge sheet has already been filed in this case. Learned counsel further submits that similarly situated coaccused person has been granted bail by the Co-ordinate Bench of this Court (Annexure-2).

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Mufassil P.S. Case No. 296 of 2021, subject to the conditions as

Patna High Court CR. MISC. No.50400 of 2022(2) dt.24-12-2022 3/3 laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T