Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.991 of 2025 Arising Out of PS. Case No.-16 Year-2024 Thana- KARANDAY District- Sheikhpura ====================================================== Guddu Kumar, Son of Tanik Yadav Resident of Village - Kurmuri, P.S. - Karandey, District - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-03-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 379 and 411/34 of the I.P.C. and Sections 25(1-B)a of the Arms Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that on 13.03.2024, he received an information that Lalu Kumar along with other accused persons are planning to commit an offence and the plan is being made in the house of Lalu Kumar. Accordingly, the informant along with the police force reached the house of Lalu Kumar for verifying the information, when it is alleged that an accused threw a black back in his

2/4 courtyard and fled. On search of the bag, several articles were recovered as detailed in the FIR and a motorcycle was also recovered from the door of the house of Lalu Kumar, which was without any number plate. Further, the Chaukidar disclosed the name of Lalu Kumar and other accused persons.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case. It is further submitted that the motorcycle which was recovered from the door of Lalu Kumar stands registered in the name of Babita Devi, mother of co-accused Suraj Kumar. It is next submitted that the mobile and Aadhar were in the name of this petitioner. It is next submitted that the articles which was recovered from the bag is alleged to be belonging to the petitioner, hence the pistol which was recovered is alleged to be belonging to the petitioner. It is further submitted that the entire allegation hinges around suspicion as petitioner was not arrested from the spot.

5. Learned A.P.P. opposes the anticipatory bail application and submits that if privilege of anticipatory bail is granted to the petitioner, the petitioner may abscond, on which the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

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6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned I/c Judicial Magistrate, First Class, Sheikhpura in connection with Karandey P. S. Case No.16 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.

9. Further, it is made clear that in the event, if chargesheet is filed connecting the petitioner with the offence in that event, the present anticipatory bail order shall come to an end.

10. Let a copy of this order be sent to the concerned

4/4 Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T