Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19319 of 2024 Arising Out of PS. Case No.-713 Year-2023 Thana- SAHPUR District- Patna ====================================================== Golu Kumar SON OF Mukesh Choudhary Resident Of Village- Khagadi Jamsaut, Ps- Sahpur, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Satyapal Singh, Advocate For the State :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sahpur P.S. Case No. 713 of 2023 instituted for the offence under Sections 25(1-B)a, 26 & 35 of the Arms Act.

3.

As per the prosecution case, there is recovery of one country made pistol, one cartridge and one mobile phone from the possession of the petitioner. While from the possession of co-accused, there is recovery of one mobile phone and one motorcycle.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15-11-2023. Petitioner is stated to be man of clean antecedent.

Patna High Court CR. MISC. No.19319 of 2024(2) dt.18-03-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has transpired on the basis of suspicion. Nothing has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sahpur P.S. Case No. 713 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.19319 of 2024(2) dt.18-03-2024 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T