Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78134 of 2023 Arising Out of PS. Case No.-133 Year-2023 Thana- AMAS District- Gaya ====================================================== Guddu Kumar Son Of Ram Kewal Resident Of Village - Darioura, Chandisthan (TUFANGANJ), P.S. - Amas, District - Gaya ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Javed Jafar Khan For the Opposite Party/s :
Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 307, 379, 386, 387, 279 and 427 of the Indian Penal Code.
3. As per the prosecution case, while the informant was going to his house along with other persons by his car and stopped near Toll plaza for taking tea, in the meantime, all the FIR named accused persons including this petitioner and 10-15 unknown persons came there and abused him and on protest, they became violent and started assaulting informant. It is further alleged that co-accused Gautam Singh snatched
Patna High Court CR. MISC. No.78134 of 2023(2) dt.06-12-2023 2/3 gold chain from informant and co-accused Hariom Singh took away his purse.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enemies. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. Nothing specific allegation has been levelled against the petitioner. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide order dated 11.10.2023 in Cr. Misc. No. 62607 of 2023. Moreover, the petitioner is languishing in judicial custody since 22.12.2022.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amas P.S. Case No. 133 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.78134 of 2023(2) dt.06-12-2023 3/3 satisfaction of learned Judicial Magistrate, 1st Class, Sherghati, Gaya.
(Sunil Kumar Panwar, J) Shubham/- U T