Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13146 of 2025 Arising Out of PS. Case No.-140 Year-2024 Thana- UPHARA District- Aurangabad ====================================================== Gopal Kumar S/o- Dharmendra Yadav Village- Nidhae PS- Konch DistrictGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Singh For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. This is the first regular bail application of the petitioner seeking his regular bail in connection with Uphara P.S. Case No. 140 of 2024 registered for the offence under Sections 25(1-B)(a), 26 of the Arms Act.

3. According to the case of prosecution, it is alleged that on 21.12.2024 during patrolling the present applicant was caught hold by the police inspector. On being searched, one country-made pistol and one mobile phone have been recovered from his possession. On the basis of the said recovery, the petitioner has been arrested and the offence has been registered.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in the present case. Further he submits that petitioner

Patna High Court CR. MISC. No.13146 of 2025(3) dt.09-05-2025 2/2 is in custody since 22.12.2024, having no criminal antecedent and the trial is still going on which will take more time. Therefore, on these grounds, it is prayed that the petitioner may be granted benefit of bail.

5. Learned counsel for the State opposes the arguments raised by the counsel for the petitioner.

6. Heard.

7. Perused the case diary and other materials available on record.

8. Considering the submissions made by the counsel for the petitioner and further considering the detention period of the petitioner, I am of the view that it is a case where the petitioner should be granted benefit of bail.

9. Accordingly, the application is allowed.

10. The petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Daudnagar, Aurangabad in connection with Uphara P.S. Case No. 140 of 2024. (Arvind Singh Chandel , J) shailendra/- U T