Golu Kumar @ Golu Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61806 of 2021 Arising Out of PS. Case No.-578 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Golu Kumar @ Golu Kumar Jha Son Of Dhruv Jha @ Dhrup Jha Resident Of Village - Mangiya Dharmapur, P.S.- Siwaipatti, Distt.- Muzaffarpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 29.08.2020, charge-sheet has been submitted in this case and has antecedent of eight cases. The learned counsel for the petitioner further submits that the informant alleges that he received information that three accused after committing loot were trying to flee, but one accused person was apprehended by the local people. Accordingly, the informant reached the place of occurrence and found one person namely, Md. Washi was bleeding and he

Patna High Court CR. MISC. No.61806 of 2021(2) dt.23-03-2022 2/3 disclosed that three accused including the petitioner looted his motorcycle and fled, but while fleeing, the petitioner was apprehended, who had fired at him causing injury. It is further alleged that the apprehended accused disclosed his name as Tullu Kumar and further disclosed the name of this petitioner and Gaurav Kumar as his associates, who had committed the occurrence.

The learned counsel for the petitioner submits that the name of this petitioner transpired in the confessional statement of Tullu Kumar, which has no evidentiary value. He was not apprehended from the spot, nor any recovery was made from his possession when he was arrested.

Learned A.P.P. opposes the bail application and submits that Tullu Kumar was arrested by the local people at the spot while committing the occurrence and he had also fired at the victim Md. Washi and it was his disclosure at the place of occurrence that the present petitioner came to be arrested. The learned counsel further submits that petitioner is a habitual offender.

Considering the submissions made by the learned counsel for the State, the Court is not inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.61806 of 2021(2) dt.23-03-2022 3/3 Accordingly, prayer for bail of the petitioner stands rejected.

(Satyavrat Verma, J) vikash/- U T