Golu Singh @ Ankit Kumar @ Ankit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57823 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Golu Singh @ Ankit Kumar @ Ankit Kumar Singh Son of Satyandra Kumar Singh @ Satyendra Kumar Singh R/V- Kolwara, P.S- Saraiya, DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Narayan, Sr. Advocate Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-03-2023 Heard Mr. Rajendra Narayan, learned Senior counsel for the petitioner and learned APP for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 302, 120(B), 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in short, is that the petitioner along with accused persons started abusing and assaulting the informant's son Yasir Arafat and his friend Rehan who took tea with Aashish, Abdullah, Sonam, Smith, Utkarsh and reached near Remrho restaurant. In the meantime co-accused Golu Singh and the Pritam Thakur started firing from their pistols which hit near the chest of the informant's son Arafat and the neck of Rehan

Patna High Court CR. MISC. No.57823 of 2022(4) dt.27-03-2023 2/3 causing severe injuries to them. The informant's son Yasir Arafat fell down and died on the spot. The injured Rehan was taken to Hospital for treatment.

Learned Senior counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. that the allegation that the petitioner has fired upon the victim namely Yasir Arafat and Rehan. He further submits that only on the basis of suspicion the name of the petitioner has been transpired in the present case. He further submits that the confessional statement of the petitioner was recorded and except this, no other cogent material has come during investigation against the petitioner and the co-accused namely Pritam Thakur @ Pritam Raj has been granted bail by a Coordinate Bench of this Court vide order dated 26.09.2022 passed in Cr. Misc. No. 25076 of 2022.

Learned APP for the State, on the other hand, on the basis of material available on record as well as case diary, vehemently opposed the prayer for bail of the petitioner, submits that it has come during investigation in paragraph nos. 73, 78 and 115 of the case diary that the petitioner has fired upon the victim Yasir Arafat and Rahan and Yasiar Arafat was died at the spot. Considering the aforesaid facts and circumstance sof the case, I am not inclined to enlarge the petitioner on bail in

Patna High Court CR. MISC. No.57823 of 2022(4) dt.27-03-2023 3/3 connection with Kazimohammadpur P.S. Case No. 11 of 2022 pending in the Court of learned Additional Chief Judicial Magistrate 1st, East Muzaffarpur.

Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T