Rohit Kumar @ Golu Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12114 of 2023 Arising Out of PS. Case No.-465 Year-2022 Thana- SIRDALA District- Nawada ====================================================== ROHIT KUMAR @ GOLU KUMAR @ GOLU S/O RAJENDRA SAW @ RAJESH SAV R/v- Masai, P.S.- Rajouli, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-B)a / 26/35 of the Arms Act.

The accusation against the petitioner is of being an associate of co-accused Kaushal Kumar who involved in stealing motorcycles. It is further alleged that arms were recovered in the case from possession of other accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged arms which was seized by the police or with the co-accused persons. The name of the petitioner has

Patna High Court CR. MISC. No.12114 of 2023(2) dt.24-04-2023 2/2 come into light in the present case only on the basis of confession made by co-accused namely, Kaushal Kumar which has got no evidentiary value in the eye of law. Nothing incriminating article has been recovered from conscious possession of this petitioner. It is further submitted that the petitioner is languishing in judicial custody since 28.9.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sirdala P.S. Case No. 465 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada.

(Sunil Kumar Panwar, J) Amandeep/- U T