Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29628 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- Garahara District- Begusarai ====================================================== Gopal Kumar S/o Niranjan Chaudhary R/o Village- Hajipur Chaudhary Tola, P.S. and Post- Barauni, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh For the Opposite Party/s :

Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Garhara P.S. Case No. 10 of 2025 dated 02.02.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act, Section 20, Section 22 of the N.D.P.S. Act, Section 25(1-B)(a) and Section 26 of the Arms Act.

3. As per the prosecution case, one country-made pistol with five live cartridges, one mobile phone, Rs. 7,500/- were recovered from the possession of the petitioner. It is further alleged that total 34 grams of ganja was also recovered.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.29628 of 2025(2) dt.07-05-2025 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The seized contraband is less than commercial quantity. The petitioner has no concern with the alleged recovery. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 03.02.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Garhara P.S. Case No. 10 of 2025, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T