Gulrej Malik vs State Of Bihar

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.

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.

The allegation against the petitioner, though not named in the FIR, is of being party to shot being fired on the informant.

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 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.

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.

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, 1st Class, Masaurhi, Patna, in Masaurhi PS Case No.623 of 2018, 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.

The application stands disposed off in the aforementioned terms.