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Patna High CourtCR. MISC./28444/2025allowed

Govind Yadav @ Govind Kumar v. The State Of Bihar

2025-05-14Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28444 of 2025 Arising Out of PS. Case No.-73 Year-2024 Thana- LODIPUR District- Bhagalpur ====================================================== Govind Yadav @ Govind Kumar, S/o Gopal Yadav, R/o Village- Visanpur Jichho, P.S.- Lodipur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Kumar Jain, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 14-05-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Lodipur P.S. Case No. 73 of 2024 registered for the offences punishable under Sections 25(9), 25 of the Arms Act.

3. The police on a viral photograph showing in social media, having arms in their hands, raided the village Vishanpur Jichho. In course of verification, the Chaukidar identified two persons, namely Yaduvansh Raj Yadav and Lav Kumar. On the basis of said information, the police apprehended the aforenoted persons, who disclosed that they lived with Govind Yadav and at present both arms were kept along with Govind Yadav (petitioner).

4. Learned Advocate for the petitioner contended that

Patna High Court CR. MISC. No.28444 of 2025(2) dt.14-05-2025 2/3 the name of the petitioner transpired only on the basis of disclosure made by the apprehended persons. Neither the arms has been recovered from the possession of the petitioner nor at the social media, the photograph of the petitioner was found with arms. Only on account of two criminal antecedent, as has been disclosed in para.3 of the bail application, the petitioner has been made accused in this case. The petitioner has neither any concern with the co-accused persons nor with the arms. On the disclosure made by the apprehended persons, his name has been implicated in this case without any cogent material; moreover, the petitioner is ready to abide to all the terms and conditions imposed by this Court and he undertakes that he will fully cooperate in the investigation or in the proceeding of the court.

5. On the other hand, learned APP for the State opposes the bail application and submits that the petitioner is carrying two antecedent on his head.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation, based upon the viral photograph on social medial, coupled with the fact that no recovery of arms has been made from the whereabouts of the petitioner, let the petitioner, named above, in

Patna High Court CR. MISC. No.28444 of 2025(2) dt.14-05-2025 3/3 the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bhagalpur in connection with Lodipur P.S. Case No. 73 of 2024, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner. (Harish Kumar, J) uday/- U