Guddu Rai @ Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72315 of 2023 Arising Out of PS. Case No.-99 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== GUDDU RAI @ GUDDU KUMAR Son of Late Bikhari Rai R/o vill - Rajapur (Pachrukahiya), P.S. - Koilwar, Distt. - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-03-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Koilwar Police Station Case No. 99 of 2022, dated 10.02.2022, disclosing offences punishable under Sections 147/148149/341/323/307/504/506/120-B of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, as per the First Information Report, is that on 10.02.2023, while the informant had gone to his field for harvesting mustard crop, the accused persons, named in the First Information Report, arrived there, started extracting sand from the field and upon objection being made by the informant, they assaulted him and coaccused Ankit Pandey fired upon him, but the bullet did
Patna High Court CR. MISC. No.72315 of 2023(4) dt.21-03-2024 2/3 not hit him. It has further been alleged that the petitioner, along with other co-accused persons, are indulged in the illegal mining of sand.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive. There is no allegation upon the petitioner that he assaulted the informant on the date of occurrence and the only allegation against him is that he, with two other co-accused persons, are indulged in the illegal mining of sand and whenever police arrives, they used to inform Satendra Pandey Group.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation made in the First Information Report, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. 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 bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.72315 of 2023(4) dt.21-03-2024 3/3 Chief Judicial Magistrate, Bhojpur, at Ara, in connection with Koilwar Police Station Case No. 99 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √