Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55409 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- MADHEPURA District- Madhepura ====================================================== Gautam Kumar S/o Late Ashok Yadav R/o Village- Kaushalpur, P.S.-Bharrahi, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-08-2025

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Madhepura P.S. Case no.146 of 2025 registered for the offence punishable under section 25(1-B)(a) of the Arms Act.

3. As per the prosecution case, the informant states that on having received information about a person having met with an accident, he reached near the place of occurrence. He was informed by one Pappu Jee that the petitioner who was driving the motorcycle, dashed his vehicle against his brother and both the petitioner as also the injured brother of Pappu Jee had been admitted to the hospital. Pappu Jee is further said to

Patna High Court CR. MISC. No.55409 of 2025(2) dt.29-08-2025 2/3 have stated that a country made pistol belonging to the petitioner was lying by the motorcycle. The informant seized the said pistol.

4. Learned counsel for the petitioner submits that from the contents of the FIR itself, it would transpire that no incriminating article has been recovered from the petitioner who has been falsely implicated in the case at the instance of one Pappu Jee. He has no concern with the allegedly seized country made pistol. The petitioner has no criminal antecedent and undertakes to cooperate in the investigation/trial.

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

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, no incriminating article having been recovered from his possession and specially the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Madhepura P.S. Case no.146 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.55409 of 2025(2) dt.29-08-2025 3/3 satisfaction of the learned Chief Judicial Magistrate, Madhepura.

(Partha Sarthy, J) Saurabh/- U T