Golden Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69022 of 2023 Arising Out of PS. Case No.-68 Year-2023 Thana- GHOSI District- Jehanabad ====================================================== GOLDEN KUMAR S/o Sanjay Kumar Resident of Village-Aulia Chak, P.S.- Kako, District-Jehanabad.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar For the Opposite Party/s :
Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 302 of the Indian Penal Code and Sections 25(1-b)a, 26 and 27 of the Arms Act.
3. As per prosecution case, some unknown miscreants alleged to have fired upon the husband of the informant leading to his death.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Manoj Kumar, which has got no
Patna High Court CR. MISC. No.69022 of 2023(2) dt.01-11-2023 2/2 evidentiary value in the eyes of law. Nothing incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused, on whose confession the name of the petitioner transpired in this case, has already been granted bail by a Co-ordinate Bench vide order dated 08.09.2023 passed in Cr. Misc. No. 43660 of 2023. He is languishing in judicial custody since 26.07.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jehanabad in connection with Ghosi P.S. Case No. 68 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T