Gulrej Malik vs The State Of Bihar
2021 Latest Caselaw 511 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.31845 of 2020
        Arising Out of PS. Case No.-623 Year-2018 Thana- MASAUDHI District- Patna
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Gulrej Malik (Male), aged about 28 years, son of Md. Iqubal, resident of Village - Rahmatganj, Masaurhi, P.S.- Masaurhi, Distt.- Patna.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

  For the Petitioner/s    :        Mr. Praveen Kumar, Advcoate
  For the State           :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 30-01-2021

Heard Mr. Praveen Kumar, learned counsel for the

petitioner and Mr. Md. Arif, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Masaurhi PS Case No.623 of 2018 dated 29.08.2018, instituted

under Sections 341, 324, 326, 207 of the Indian Penal Code and

27 of the Arms Act, 1959.

3. The allegation against the petitioner, though not

named in the FIR, is of being party to shot being fired on the

informant.

4. Learned counsel for the petitioner submitted that

neither the informant nor the victim, who is son of the

informant, has recognized him, but during investigation it has Patna High Court CR. MISC. No.31845 of 2020 dt.30-01-2021

come that the petitioner along others had dragged one Golu, but

he was rescued by the victim, and while they were going, the

accused had opened fire intended for Golu, but it hit the victim.

Learned counsel submitted that the only allegation against the

petitioner is general and omnibus of dragging Golu, but no other

overt act has been assigned to him. It was submitted that even in

the confessional statement of co-accused Nitish Kumar, he has

stated that one Taj Mallik gave his weapon to another co-

accused, Sonu, who fired, but the petitioner was nowhere in the

picture. Learned counsel submitted that the petitioner is in

custody since 29.05.2020.

5. Learned APP, from the case diary, submitted that

the petitioner was also party to the entire incident as he was with

the culprits. However, it was not controverted that no direct role

has been assigned to him and further, specific role of providing

the weapon and firing is against other co-accused.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, let

the petitioner be released on bail upon furnishing bail bonds of

Rs.25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the Judicial Magistrate, 1 st

Class, Masaurhi, Patna, in Masaurhi PS Case No.623 of 2018, Patna High Court CR. MISC. No.31845 of 2020 dt.30-01-2021

subject to the conditions (i) that one of the bailors shall be a

close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall also give an

undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T