Golu Kumar @ Gaurav Kumar @ Golu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33577 of 2018 Arising Out of PS.Case No. -79 Year- 2018 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Golu Kumar @ Gaurav Kumar @ Golu S/o Sanjay Kumar Roy, R/o Vill.- Mortor, P.S.- Gardhpura, District- Begusarai, At present Sri Krishnapuri, Ward No. 20, P.S.- Nagar (Ratanpur O.P.), District- Begusarai. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2018 The petitioner is apprehending his arrest in connection with Begusarai Town P.S. Case No. 79/18, registered for offences punishable under Section 302/34 of the Indian Penal Code and 27 of the Arms Act.
The petitioner is not named in the F.I.R. Allegation as per F.I.R is that three persons came on motorcycle, out of them two persons had fired on the husband of the informant, due to that he suffered grievous injury. During treatment, the husband of the informant died.
It has been submitted on behalf of the petitioner that petitioner is not named in the F.I.R., his name has surfaced on confession of co-accused Manish Kumar and except that there is nothing against the petitioner. It is further submitted that the
Patna High Court Cr.Misc. No.33577 of 2018 (3) dt.13-07-2018 2/3 petitioner has lodged a case against the said Manish Kumar and due to enmity, he falsely dragged the name of the petitioner in this case.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begisarai in connection with Begusarai Town P.S. Case No. 79/18, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before
Patna High Court Cr.Misc. No.33577 of 2018 (3) dt.13-07-2018 3/3 the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/-Amjad U T