Golu Singh @ Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10124 of 2025 Arising Out of PS. Case No.-238 Year-2024 Thana- ISUAPUR District- Saran ====================================================== Golu Singh @ Golu Kumar S/o Nawal Singh R/o Village - Usari Kala, P.s.- Isuapur, Distt.- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-05-2025 Heard Mr. Vijay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Rajiv Nayan , learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Isuapur P.S. Case No. 238 of 2024 registered under Sections 25(1-b)a, 26 of the Arms Act.
3. As per the allegation made in the FIR, a country made pistol was recovered from the house of the petitioner.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the present case. The chowkidar of the village due to previous enmity had roped in the petitioner in false case. The alleged recovery has been made from the house of the petitioner but at the time of recovery, he was not there.
Patna High Court CR. MISC. No.10124 of 2025(3) dt.13-05-2025 2/3 The seizure list has not been prepared in accordance with the section 100 of the Cr.P.C. On these grounds, the petitioner seeks to be released on bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, the fact that the alleged recovery has been made from the house of the petitioner but at the time of recovery, he was not there, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.
7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned J.M. Ist Class, Saran at Chapra in connection with Isuapur P.S. Case No. 238 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is
Patna High Court CR. MISC. No.10124 of 2025(3) dt.13-05-2025 3/3 pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T