Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77274 of 2024 Arising Out of PS. Case No.-168 Year-2023 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== 1.
Golu Kumar S/o- Anuj Yadav @ Ramanuj Singh @ Ramanuj Yadav VillageMajhauli, P.S.- Salimpur,(Bakhtiyarpur) District- Patna 2.
Laddu Yadav @ Ladu Kumar @ Raj Kumar Singh S/o- Jai Kishun Yadav @ Jai Kishn Singh Village- Majhauli, P.S.- Salimpur,(Bakhtiyarpur) DistrictPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Priyedarshi, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioners and learned APP for the State. Perused the case diary.
2. The petitioners seek bail in connection with S. Tr. No. 419 of 2024, arising out of Bakhtiyarpur rail P.S. Case No. 168 of 2023 instituted for the offences under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Prosecution case, in short, is that, the accused persons including the petitioners fired upon the informant's brother due to which he died on the spot.
4. Learned counsel for the petitioners submitted that the petitioners are innocent and have falsely been implicated in the present case. Learned counsel for the petitioners submitted
Patna High Court CR. MISC. No.77274 of 2024(5) dt.19-03-2025 2/2 that general and omnibus allegation has been made against the petitioners. Charge-sheet has been submitted in this case under Sections 302, 120B, 34 of the IPC and 27 of the Arms Act. It has been submitted on behalf of the petitioners that the petitioners are in custody since 07.02.2024. Petitioner no. 1 has no criminal antecedent whereas petitioner no. 2 has two criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners stating that there is direct allegation against them of firing upon the deceased due to which he died. Learned APP, therefore, prays that petitioners may not be released on bail.
6. Considering the aforesaid facts and circumstances of the case, there being direct allegation against the petitioners as also nature and gravity of offence, this Court is not inclined to grant bail to the petitioners.
7. Accordingly, the prayer for grant of bail to the petitioners is, hereby, rejected.
(Rudra Prakash Mishra, J) Alok Verma/- U T