Gourav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71830 of 2024 Arising Out of PS. Case No.-673 Year-2023 Thana- HARNAUT District- Nalanda ====================================================== Gourav Kumar, S/o Harikant Singh, Resident of Village- Narchwar, P.S.- Harnaut, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the State :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-09-2024 Heard learned counsel for the Petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Harnaut P.S. Case No. 673 of 2023, dated 03.12.2023 registered for the offences punishable under Sections 341, 448, 307, 504, 506, 379 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Mr. Anil Kumar Singh, learned counsel appearing for the petitioner submits that the petitioner and informant are neighbours, in between them, there is a land dispute and in the alleged firing, the informant did not sustain any injury on the vital part of his body and the petitioner has been languishing in jail since 06.06.2024 having no criminal antecedent. It is further submitted that the petitioner himself surrendered before the trial court and one co-accused, Hari Kant Singh, has been granted

Patna High Court CR. MISC. No.71830 of 2024(2) dt.27-09-2024 2/2 anticipatory bail by this Bench vide order dated 09.07.2024 passed in Cr. Misc. No. 41577 of 2024 and the alleged occurrence was not pre-planned and the same took place in the spur of moment and initially the occurrence of abusing took place in between both the parties which lead to the commission of the alleged firing. It is further submitted that the petitioner is a student and both the parties are agnates.

4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

5. Considering the above submissions and mainly taking into account the petitioner's young age as well as his fair and clean antecedent, this Court is inclined to release him on bail but his bail bond shall be accepted only after the framing of charges upon him by the learned trial court. Accordingly, let the petitioner named-above be released on bail after the framing of charges on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Harnaut P.S. Case No. 673 of 2023. (Shailendra Singh, J) maynaz/- U T