Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9235 of 2016 Arising Out of PS.Case No. -557 Year- 2015 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Golu Kumar, Son of Late Kedar Nath Prasad, Resident of village - Yadav Nagar, Bhagwanpur, Police Station - Sadar, District - Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Raghwendra Pratap Singh For the Opposite Party : Mr. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sadar Muzaffarpur P.S. Case No. 557 of 2015, registered under Sections 212, 216, 399, 402 and 414 of the Indian Penal Code, Section 25(1b)a,26/35 of Arms Act, and Section 20,22 of N.D.P.S. Act. The accusation is that Police received secret information regarding gathering of miscreants near Patahi village, thereafter Police party reached there. On seeing the Police, 8 to 10 persons started to flee away, but seven persons, including the petitioner, were apprehended by the Police. On search, one loaded country made pistol was recovered from the possession of the petitioner, whereas arms and ammunitions as well as three motorcycles were also recovered from other persons. It is also alleged that 1⁄2 kilograms ganja was also recovered from that place.

Patna High Court Cr.Misc. No.9235 of 2016 (2) dt.01-04-2016 2/2 Learned counsel appearing on behalf of the petitioner submits that petitioner is accused in other case and due to that reason Police implicated this petitioner in the present case. Further submission is that similarly situated co-accused, Dhiraj Kumar, Vikram Kumar and Sonu Kumar have already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 15.12.2015, 04.01.2016 and 09.03.2016 passed in Criminal Misc. Nos. 56155 of 2015, 58537 of 2015 and 11623 of 2016. The petitioner is in custody since 22.10.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Session Judge-cum-Special Judge, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 557 of 2015. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner. (Rajendra Kumar Mishra, J.) manish/- U T