Gobinda Kumar @ Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57812 of 2023 Arising Out of PS. Case No.-203 Year-2023 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Gobinda Kumar @ Govind Kumar, Son of Sanjay Manjhi, Resident of Village- Koshidhara, P.S.- Magadh Medical, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Magadh Medical P.S. Case no. 203 of 2023, registered under section 393 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, the informant states that while he was returning on his motorcycle, two persons including the petitioner herein made an attempt to commit loot and dispossessed him of his motorcycle. Subsequently while making yet another attempt to commit theft, they were arrested. A pistol was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case and the same

Patna High Court CR. MISC. No.57812 of 2023(3) dt.09-11-2023 2/2 would be evident from the contents of the F.I.R itself wherein the date and time of his arrest is subsequent to the date and time of recovery of the incriminating articles. The petitioner is in custody since 23.4.2023 and charge-sheet has been submitted in the case. He has no criminal antecedent.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the submissions made on behalf of the petitioner, his being in custody since 23.4.2023, charge-sheet having been submitted in the case and the petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Magadh Medical P.S. Case no.203 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Gaya.

(Partha Sarthy, J) avinash/- U T