Patna High CourtCR. MISC./68051/2024bail granted

Govind Kumar v. The State Of Bihar

2024-12-06Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68051 of 2024 Arising Out of PS. Case No.-271 Year-2023 Thana- KONCH District- Gaya ====================================================== Govind Kumar Son of Late Dhananjay Yadav Resident of Village- Chaturi Bigha, P.S. Konch, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-12-2024 Heard Mr. Gajendra Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Pawan Kumar Chaurasia, learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Konch P.S. Case No. 271 of 2023 registered under Sections 341, 323, 307, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the allegation made in the FIR, altogether seven accused persons named therein, including the petitioner, started firing from the roof of their house at the family members of the informant, in which, the daughter and sister-in-law of the informant sustained gun-shot injury.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has

Patna High Court CR. MISC. No.68051 of 2024(2) dt.06-12-2024 2/3 falsely been implicated in the present case due to land dispute. It is further submitted that no specific allegation has been made against the petitioner, rather the allegation is general and omnibus. From the injury report, it would appear that the allegation against the petitioner cannot be sustained, as the injury being simple in nature has been caused by hard and blunt object whereas the allegation made in the F.I.R. is fire arm injury. The petitioner has clean antecedent and he is in custody since 07.06.2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail.

6. Considering the nature of allegation made in the FIR, as well as, the fact that injuries are simple in nature caused by hard and blunt substance, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJMVIII, Gaya in connection with Konch P.S. Case No. 271 of 2023, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

Patna High Court CR. MISC. No.68051 of 2024(2) dt.06-12-2024 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

7. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T