Guddu Kumar @ Guddu Kr v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11801 of 2024 Arising Out of PS. Case No.-636 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== Guddu Kumar @ Guddu Kr Son of Dinesh Rai Resident of Vill.-Chakiya, Nagar Parishad Bihat, (Malhipur), P.S.-Barauni (Chakiya O.P.), Distt.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam For the Opposite Party/s :
Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 25(1-b)a and 35 of the Arms Act.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a young boy aged about 22 years and if he is sent to judicial custody in the nature of allegation as alleged then his entire career would get jeopardized and chances are bright that he may come in contact with hardened criminals which will further restrict his future prospect.
4. The informant alleges that a video went viral on
Patna High Court CR. MISC. No.11801 of 2024(2) dt.07-03-2024 2/3 social media wherein a boy was seen carrying a gun with a woman, accordingly, the police reached the place of occurrence where the woman was apprehended who disclosed that the boy in picture is her step brother and her neighbour disturbs her mother-in-law for which she had called her step brother and got him captured on video with a gun and send the same to her neighbour who used to disturb her mother-in-law. It is next submitted that based on the confessional statement of Komal, the step sister of the petitioner, the petitioner came to be implicated.
5. Learned counsel for the petitioner next submits that no doubt the video went viral but then the gun in question was a toy gun as the police had even raided the house of the petitioner, but then no gun was found from his house. It is also submitted that it is not a case of misuse of arm though for the purposes of threatening those who used to torture the mother-in-law of Komal, the video was made, but then the gun was not real. It is next submitted that the petitioner will not abscond rather will co-operate in the investigation.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned
Patna High Court CR. MISC. No.11801 of 2024(2) dt.07-03-2024 3/3 counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Barauni P.S. Case No. 636 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T