Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1487 of 2022 Arising Out of PS. Case No.-148 Year-2021 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== GOLU KUMAR Son of Krishna Ram @ Krishna Manjhi Resident of VillageWard No.17, Shyam Cinema Road, Gopalganj, P.O., P.S. and DistrictGopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Pandey No.5, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 326 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of opening fire upon the informant due to which, he sustained injury.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that during investigation, the informant/injured Satendra Kumar asserted that co-accused Chhotu Kumar opened fire due to which, he sustained fire arm injury. He further

Patna High Court CR. MISC. No.1487 of 2022(3) dt.25-07-2022 2/2 submits that there is no specific overt-act against the petitioner. He further submits that the incident was occurred on 12.02.2021 but the FIR was lodged on 01.03.2021 and there is no explanation for delay in lodging the FIR. Petitioner has no criminal antecedent.

Learned APP appearing for the State opposed the anticipatory bail and submitted from perusal of the injury report, petitioner sustained fire arm injury.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj in connection with Gopalganj Town P.S. Case No. 148 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T