Gobindlal Srivastava @ Goga v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18413 of 2015 Arising Out of PS.Case No. -191 Year- 2014 Thana -BAKHTIYARPUR District- PATNA ====================================================== Gobindlal Srivastava @ Goga S/o- Late Krishnalal Srivastava, R/o-Belthan, P.S.- Bakhtiarpur, Distt. Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Ram Chandra Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-09-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

The petitioner is the informant of the present case. The petitioner alleged that Subodh Yadav, Kaushal Yadav and Shailendra Yadav came along with two other unknown persons and they made indiscriminate firings. The petitioner received injury on his hand and his daughter Sabo Kumari, aged about three years, also received injury. During the course of investigation, it transpired that Nitish Kumar, a dreaded criminal, used to say at the house of the petitioner. The petitioner came in a drunken state and accidentally firing was made from the pistol which hit on the hand of the informant (the petitioner) and his daughter Sabo Kumari. Sabo Kumari died on the spot. The police, after investigation,

Patna High Court Cr.Misc. No.18413 of 2015 (4) dt.15-09-2015 2/2 submitted chargesheet against the petitioner under Section 304 of the Indian Penal Code and Section 27 of the Arms Act. It is submitted that the case against Subodh Yadav, Kaushal Yadav and Shailendra Yadav was found false and the petitioner is in jail since 27.12.2014.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Barh at Patna in Bakhtiarpur P.S. Case No. 191/14.

(Prabhat Kumar Jha, J) Dilip/- U T