Govinda Kumar @ Gobinda Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19857 of 2025 Arising Out of PS. Case No.-208 Year-2024 Thana- THAWE District- Gopalganj ====================================================== Govinda Kumar @ Gobinda Kumar S/o Jiyut Ram @ Jiuat Ram Resident of Ward No. 19, P.O. and P.S. and District- Gopalganj, Bihar- 841428 ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Akshay Ashish, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-08-2025 Heard learned counsel appearing on behalf of the parties.

2. The accused/petitioner seeks bail in connection with Thawe P.S. Case No. 208 of 2024 registered for the offence under Sections 140, 103(1), 61(2) of BNS.

3. The accused/petitioner is not named in the F.I.R. and he is in custody since 01.09.2024.

4. As per FIR, the husband of the informant was murdered by named co-accused and some unknown persons.

5. Learned counsel appearing on behalf of the petitioner submitted that initially before the occurrence U.D. Case No. 9 of 2024 was lodged for recovery of dead body of the husband of the informant and thereafter on the basis of

Patna High Court CR. MISC. No.19857 of 2025(3) dt.18-08-2025 2/3 information of the wife of the deceased the present FIR was lodged making Suraj Patel the accused, who was the person who called deceased on last occasion i.e., on 30.07.2024 from his home.

6. It is submitted that the name of petitioner transpired on the basis of confessional statement of coaccused Suraj Patel, in furtherance of which no incriminating material recovered/surfaced from the petitioner as to connect him prima facie with the present occurrence, and moreover, said Suraj Patel has already been granted bail by one of the learned coordinate Bench of this Court through Cr. Misc. No. 38531 of 2025 dated 06.08.2025.

7. While concluding the argument, it is submitted that petitioner found involved in one more criminal case where he is on bail, and moreover, investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

8. Learned A.P.P. for the State has opposed the prayer of bail of the petitioner.

Patna High Court CR. MISC. No.19857 of 2025(3) dt.18-08-2025 3/3

9. In view of aforesaid factual submission and by taking note of fact as save and except suspicion arising out of confessional statement of co-accused nothing prima-facie incriminating appears as to connect the petitioner with present crime in question, coupled with fact that charge-sheet has already been submitted where petitioner remains in custody since 01.09.2024, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj, in connection with Thawe P.S. Case No. 208 of 2024, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T