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Patna High CourtCR. MISC./4712/2021allowed

Golu Kumar @ Harsh v. The State Of Bihar

2021-03-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4712 of 2021 Arising Out of PS. Case No.-370 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== GOLU KUMAR @ HARSH S/o Late Pankaj Singh R/o Village- Vishwanath Nagar (Mohalla- Harinath Nagar), Gali No. 2, P.S.- Nagar, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Begusarai Nagar P.S. Case No.370 of 2020 registered for the offence punishable under Sections 25(1-b) a, 26 (30) (i) of the Arms Act.

The prosecution case in short is that during search one country made loaded pistol and cartridge has been recovered from one Aman Kumar and one country made loaded pistol, one

Patna High Court CR. MISC. No.4712 of 2021(2) dt.26-03-2021 2/2 extra cartridge has been recovered from the possession of this petitioner. A Vivo Mobile phone and one motorcycle has also been recovered from their possession.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case and has not committed any offence as alleged in the FIR. No incriminating article has been recovered from his conscious physical possession and the alleged recovery of arms is totally concocted. The police has taken his signature forcibly on the paper and later on it was converted into seizure list. Chargesheet has been submitted in this case. The petitioner is accused in three criminal case but is languishing in custody since 22.07.2020. Learned APP for the State opposed the bail petition. Considering the facts aforesaid and period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below in connection with Begusarai Nagar P.S. Case No.370 of 2020.

(Anjani Kumar Sharan, J) pallavi/- U T