Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56112 of 2015 Arising Out of PS.Case No. -303 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Gopal Kumar Son of Lal Bahadur Singh, Resident of Village - Rahatpur, P.S. - Begusarai, District - Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Smt. Anita Kumari , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 15-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 303 of 2015 registered under Sections 25(1-B) a/ 26 of the Arms Act.

It is contended that the petitioner has been famed in the present case at the instance of one Nandan Kumar Choudhary, who had instituted Begusarai (Muffasil) P. S. Case No. 214 of 2015 against the petitioner just one day before the present case, i.e., on 21st June, 2015. In the said case, the petitioner has already been charge-sheeted and from perusal of the charge-sheet, it would appear that two charge-sheeted

Patna High Court Cr.Misc. No.56112 of 2015 (2) dt.15-12-2015 2/2 witnesses are Birendra Kumar Singh and Pramod Kumar, who had been made witnesses to the seizure of the present case. It is further contended that the petitioner has been implicated in the present case due to executive arbitrariness and administrative highhandedness of the police.

On the other hand, learned counsel for the State has contended that on 23rd June, 2015, the petitioner was apprehended by the police and on search, one countrymade pistol and two live cartridges were recovered from his possession.

Be that as it may, regard being had to the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in Begusarai Town P.S. Case No. 303 of 2015.

(Ashwani Kumar Singh, J.) Kanchan/- U T