Golu Kumar @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48171 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== Golu Kumar @ Sonu Kumar Son of Sulendra Paswan @ Surendra Paswan Resident Of Village-Hardiya, PS -Chautham, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chautham P.S. Case No. 75 of 2024 instituted for the offences under Sections 25(1-b)a, 26, 25(9)/35 of the Arms Act.

3. As per prosecution case, the police has recovered one illegal country-made pistol from the joint house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to dirty village politics. He further submits that the alleged country made pistol has been recovered from the joint house of

Patna High Court CR. MISC. No.48171 of 2024(2) dt.10-07-2024 2/2 the petitioner in which he resides with his grand-father, father, mother, brother, sister and uncle. There is not a single local independent witness who has supported the case of the petitioner. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 18.03.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chautham P.S. Case No. 75 of 2024. (Rudra Prakash Mishra, J) rishi/- U T