Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78230 of 2018 Arising Out of PS. Case No.-156 Year-2018 Thana- BEUR District- Patna ====================================================== Guddu Kumar S/o Sri Umesh Sao, aged about 25 years, R/o VillageVishunpur Pakari,P.S. Beur, Distt.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.Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Beur P.S. Case No. 156 of 2018 registered for the offence punishable under Sections 302, 120 (B) and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

Informant who is the brother of the informant has alleged that petitioner along with other FIR named accused persons killed his brother due to money dispute. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to enmity and village politics. Allegation against petitioner is false and concocted. No incriminating material has been recovered from possession of the petitioner. It has been further submitted that

Patna High Court CR. MISC. No.78230 of 2018(3) dt.26-02-2019 2/3 similarly placed co-accused, Golu Kumar, has been granted bail by co-ordinate Bench of this Court as contained in Annexure-2. Petitioner has got no criminal antecedent and is in custody since 04.06.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub Judge- VIIIth, Patna, in connection with Beur P.S. Case No. 156 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that

Patna High Court CR. MISC. No.78230 of 2018(3) dt.26-02-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U T