Gokhul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54538 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- JAYRAMPUR District- Sheikhpura ====================================================== Gokhul Kumar S/o Karu Chaudhary Village- Ukhdi, PS- Jairampur More, Distt.- Sheikhpura ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Jairampur P.S. Case No. 37 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 74, 109, 303(2), 352, 351(4) and 3(5) of B.N.S., 2023.
3. As per prosecution case, petitioner and others assaulted the informant and when informant's husband came to rescue, he was also assaulted by them. It is alleged that informant's husband sustained injury on the head and informant sustained injury below the eye and her shoulder got broken. It is further alleged that petitioner and others took out gold ear rings, chain and Rs. 30,000/- kept in the informant's house.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.54538 of 2025(2) dt.12-08-2025 2/3 petitioner is quite innocent and has not committed any offence as alleged in the FIR and he has falsely been implicated in this case by the informant due to ulterior motive and previous enmity. Petitioner is in custody since 03.06.2025 and bears no criminal antecedent. He further submits that there is no specific allegation of any overt-act against the petitioner rather the same is general and omnibus in nature. He further submits that informant and petitioner are agates and land dispute is going on between them and in cases of land dispute, facts are generally exaggerated to make the offence graver.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, there is no specific allegation of any overt-act against the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Sheikhpura in connection with Jairampur P.S. Case No. 37 of 2025, subject to following
Patna High Court CR. MISC. No.54538 of 2025(2) dt.12-08-2025 3/3 conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) shahzad/- U T