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Patna High CourtCR. MISC./69053/2019bail granted

Ritesh Kumar @ Golu v. The State Of Bihar

2019-12-04Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69053 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

RITESH KUMAR @ GOLU Son of Santan Kumar Singh Resident of Village - Sidharthpuri Colony, Road No. 1, P.S.- Muffasil, District- Gaya. 2.

Prakash Kumar Son of Devendra Kumar @ Devendra Kumar Singh Resident of Mohalla- Rananagar, P.S.- Muffasil, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Five named accused persons and three unknown miscreants encircled the brother of the informant and slated him over some previous differences and on protest made by his brother, petitioners and one Saurav Kumar pointed pistol on him. After intervening the occurrence by the informant and others, when they proceeded ahead, aforesaid three accused persons resorted firing inflicting injury on the head of his

Patna High Court CR. MISC. No.69053 of 2019(2) dt.04-12-2019 2/2 brother.

It is submitted by learned counsel for the petitioners that the petitioners have no concern with the aforesaid occurrence. They have been falsely implicated in this case over some dispute ensued between the petitioners and brother of the informant during the course of playing cricket. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Victim has not sustained any injury in the occurrence. Learned lower court after perusal of the case diary has also not mentioned any injury of the victim in the impugned order. Petitioners have no criminal antecedent and have been languishing in custody since 30.08.2019. Having regard to the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Mofassil P.S. Case No. 94 of 2019.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T