Gouri Kumar @ Goudi Kumar @ Dahla v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61818 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- HARINMAR District- Munger ====================================================== Gouri Kumar @ Goudi Kumar @ Dahla S/o Late Banshraj Singh, R/o Village - Laxmipur, Kasibaba Tola, P.S - Harinmar, District - Munger. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ajit Kumar Singh, Advocate For the State :
Mr. Murli Dhar, APP For the Informant :
Mr. Ranjeet Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-12-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Harinmar P.S. Case No. 17 of 2025 dated 02.06.2025, registered for the offences punishable under Sections 191(1), 191(2), 191(3), 115(2) and 109 of the B.N.S., 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the sons of the informant were assaulted by petitioner and other co-accused persons who also opened fire. The co-accused Prakash Singh assaulted one of the sons of the informant with a pointed part of the barrel of the rifle causing internal injuries to him and during his treatment, the son of the informant died.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.61818 of 2025(3) dt.15-12-2025 2/3 petitioner submits that petitioner has falsely been implicated in the present case. There is no specific allegation of assault against this petitioner. The allegation of assaulting the son of the informant with barrel of a rifle is agaisnt co-accused Prakash Singh. The FIR has been lodged after a delay of ten days and death occurred after twenty-one days of occurrence as the deceased developed some complications. The informant is not an eyewitness to the alleged occurrence and this fact is also apparent from the FIR. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 08.06.2025.
5. Learned A.P.P. appearing on behalf of the State as well as the learned counsel for the informant oppose the submissions made on behalf of the petitioner. Learned counsel for the informant submits that petitioner and other co-accused persons assaulted the son of the informant and he died subsequently due to injury received at the time of assault.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that there is no specific allegation of assault against this petitioner for causing the fatal injury and further considering the
Patna High Court CR. MISC. No.61818 of 2025(3) dt.15-12-2025 3/3 period of custody of petitioner, his clean antecedent and submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class-cum-Additional Munsif-VII, Munger / concerned Court, in connection with Harinmar P.S. Case No. 17 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J) Shahnawaz/- U T