Allowed

Golu Kumar v. The State of Bihar

Patna HC10 Jul 2024CR. MISC./38820/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by a named accused in an FIR alleging that a mob attacked a construction company's camp office, assaulted employees and looted equipment. Noting the allegation against him was general and omnibus and a co-accused had been granted bail, the court allowed anticipatory bail with standard conditions.

What did the court decide?

Anticipatory bail: release on bond of Rs.10,000 with two sureties of like amount on arrest/surrender within six weeks, subject to Section 438(2) CrPC conditions.

Golu Kumar Vs The State of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38820 of 2024

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Arising Out of PS. Case No.-397 Year-2022 Thana- PARBATTA District- Khagaria

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======================================================

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Golu Kumar, aged about 35 years, son of Bali Singh, resident of VillageSrirampur Thuthi, P.S.- Parbatta, District- Khagaria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Choudhary, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA

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ORAL ORDER

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2 10-07-2024

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner apprehends arrest in connection with Parbatta PS Case No.397 of 2022 dated 12.09.2022, instituted under Sections 341, 323, 324, 325, 307, 335, 379, 436, 353, 147, 149, 427 of the Indian Penal Code.

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The prosecution case, in short, is that on the alleged date of occurrence the petitioner along 32 named accused persons and 200-250 unknown miscreants attacked the office of SP Singla camp with intention to set it on fire. It is further alleged that they assaulted the employees and also damaged different equipment in the office and took with them CCTVs, Hard disks, SSD Cards and laptops.

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Learned counsel for the petitioner submits that the

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Patna High Court CR. MISC. No.38820 of 2024(2) dt.10-07-2024 2/3

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petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioner, rather, the allegation against the petitioner is general and omnibus. The petitioner is named accused and the FIR has been lodged against 33 named accused persons as well as 200-250 unknown persons. There is no specific allegation against the petitioner either to damage any article or to assault anyone or to take any article or money. His name has given only on the basis of suspicion. Learned counsel further submits that co-accused, Badri Kumar @ Manish Kumar, has been granted bail by this Court vide order dated 04.08.2023 passed in Cr. Misc. No.43908 of 2023. Lastly, it is submitted that one criminal case is pending against the petitioner.

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Learned APP has opposed the prayer for bail.

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Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Khagaria, in Parbatta PS Case No.397 of 2022, subject to the conditions laid down in

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Patna High Court CR. MISC. No.38820 of 2024(2) dt.10-07-2024 3/3

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Section 438(2) of the Code of Criminal Procedure, 1973.

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The application stands allowed.

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(Khatim Reza, J)

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J. Alam/-

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U T

Golu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Golu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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