Arun Kumar @ Arun Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46928 of 2025 Arising Out of PS. Case No.-195 Year-2019 Thana- GOPALPUR District- Gopalganj ====================================================== Arun Kumar @ Arun Kumar Singh S/o Virendra Prasad Singh R/o VillageSalemgarh Bazar, P.S.- Tareya Sujan, Dist.- Kushinagar, Uttar Pradesh ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Adesh Raj Singh, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-07-2025 Heard Mr. Adesh Raj Singh, learned counsel for the petitioner and Mr. Anil Kumar Singh No. 1, learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Gopalpur P.S. Case No. 195 of 2019, F.I.R. dated 15.10.2019 registered for the offences punishable under Section 392 of the Indian Penal Code.
3. The F.I.R. of the occurrence of loot is against unknown.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of confessional statement of co-accused person namely Golu
Patna High Court CR. MISC. No.46928 of 2025(2) dt.28-07-2025 2/3 Kumar and the said Golu Kumar has been acquitted in Sessions Trial No. 121 of 2021 vide order dated 22.03.2025 by the District and Additioinal Sessions Judge Xth, Gopalganj and except the aforesaid, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner carries two more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in one case and the other one case is pending for consideration before the competent court of law.
6. Considering the facts and circumstances of the case and the fact that the name of the petitioner has been transpired on the confessional statement of co-accused person, namely Golu Kumar and the said Golu Kumar has been acquitted by the learned Court below, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gopalganj in connection with Gopalpur P.S. Case No. 195 of 2019, subject to the conditions as
Patna High Court CR. MISC. No.46928 of 2025(2) dt.28-07-2025 3/3 laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//- U T