Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76668 of 2023 Arising Out of PS. Case No.-493 Year-2023 Thana- DANAPUR District- Patna ====================================================== Golu Kumar S/O Late Raj Kumar Yadav R/O Village-Chakiya Par, Chak Chichaul, P.S-Naubatpur, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 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 Sections 341, 332, 504, 353, 427, 34 of the Indian Penal Code and Section 37(b)(c) of the Bihar Prohibition and Excise Amendment Act.

3. The allegation against the petitioner along with others is of creating hindrance in discharging the official duties and it is further alleged that the petitioner along with other were also found to be under the influence of liquor, which was

Patna High Court CR. MISC. No.76668 of 2023(2) dt.01-12-2023 2/3 confirmed by their breath analyzer reports.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the allegation of abusing and assaulting the guard in the police custody by the petitioner is totally false. The real fact is that on some issue the guard abused and assaulted the petitioner and others implicated him in this case creating the false allegation of drinking liquor. On the basis of suspicion, the petitioner was arrested in Naubatpur P.S. Case No. 354 of 2021 and thereafter on the basis of his so-called confessional statement and due to his criminal antecedents, he has been made an accused in several cases, which were lodged against unknown persons. Nothing incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 26.05.2023.

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

Patna High Court CR. MISC. No.76668 of 2023(2) dt.01-12-2023 3/3 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 Spl. Excise Judge, Danapur, Patna in connection with Danapur P.S. Case No. 493 of 2023. (Sunil Kumar Panwar, J) Arish/- U T