Guddu Kumar @ Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79071 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== GUDDU KUMAR @ GUDDU YADAV Son of Tanik Yadav R/o vill - Kurmuri, P.S. - Karande, Dist. - Sheikhpura Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mayank Raj For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 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 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of killing the son of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is no consistent evidence and no eye-witness of the alleged occurrence to show that the petitioner has involved in the present case. On the basis of suspicion and confessional statement of co-accused Rahul Kumar Saw@ Rahul Kumar, the

Patna High Court CR. MISC. No.79071 of 2023(2) dt.13-12-2023 2/2 petitioner has been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 03.10.2023 passed in Cr. Misc. No. 53795 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 06.05.2023.

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 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 J.M.- 1st Class, Lakhisarai in connection with Halsi P.S. Case No. 96 of 2023. (Sunil Kumar Panwar, J) Arish/- U T