Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58504 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- Jagdishpur District- West Champaran ====================================================== 1.

Golu Kumar S/o Raushan Sahni R/o Vill.- Shyampur Bhoja, P.S. - Kanti, Dist. - Muzaffarpur 2.

Vikram Kumar S/o Chandeshwar Ram R/o Vill.- Shyampur Bhoja, P.S. - Kanti, Dist. - Muzaffarpur 3.

Gaurav Kumar S/o Surendra Sahani R/o Vill.- Shyampur Bhoja, P.S. - Kanti, Dist. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 303(2) of the BNS.

3. The case of the prosecution is that the informant is a guard of Airtel Tower. He has alleged that on 19.03.2025, unknown miscreants have stolen the battery (24 in numbers) from the Tower.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.58504 of 2025(2) dt.27-08-2025 2/3 connection with the present case. It is further submitted that the case is registered against unknown miscreants. Petitioner no. 1, namely, Golu Kumar has given confessional statement and on his confessional statement, petitioner no. 1 & 2 were named.

5. From perusal of the order of the learned trial Court, it transpires that battery was recovered from the possession of the petitioner no.1. In this connection, learned counsel for the petitioners submits that the battery which has been recovered does not belong to this case rather it is of Jagdishpur P.S. Case No. 48 of 2025. It is also submitted that one of the co-accused namely, Kamlesh Rai @ Kamlesh Yadav has been extended the privilege of bail by a co-ordinate Bench of this Court vide order dated 12.08.2025 passed in Cr. Misc. No. 51972 of 2025. The case of this petitioners, namely, Vikram Kumar (petitioner no. 2) and Gourav Kumar (petitioner no. 3) stands on similar footing. However, name of Golu Kumar, (petitioner no. 1) has surfaced only on the basis of his confessional statement. Moreover, the petitioner is languishing in judicial custody since 03.04.2025. 6.

Learned APP appearing for the state has vehemently opposed the prayer of regular bail.

7. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioners on

Patna High Court CR. MISC. No.58504 of 2025(2) dt.27-08-2025 3/3 bail. The above named petitioners are directed to be released on bail in connection with Jagdishpur P.S. Case No. 54 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand)each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Bettiah, West Champaran. (Ashok Kumar Pandey, J) Jagdish/- U T