Godo Kumar @ Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55076 of 2025 Arising Out of PS. Case No.-400 Year-2024 Thana- BAKHTIYARPUR District- Patna ====================================================== Godo Kumar @ Raushan Kumar S/o Late Sumara Ram @ Subhash Chandravanshi R/o Village - Ranisarai, P.S. - Bakhtiyarpur, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madan Prasad Singh For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-08-2025 Heard Mr. Madan Prasad Singh, learned counsel appearing on behalf of the petitioner and Mr. Sanjay Kumar, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Bakhtiyarpur P.S. Case No. 400 of 2024 registered under Sections 303(2) of the BNS.

3. As per the allegation made in the FIR, the petitioner along with the co-accused had stolen certain items from the premises of the National Thermal Power Corporation (NTPC). The FIR has been lodged by the guard who was present at the NTPC.

4. Learned counsel appearing on behalf of the petitioner submitted that there is delay in lodging the FIR. The FIR has been lodged by the guard, due to previous animosity,

Patna High Court CR. MISC. No.55076 of 2025(2) dt.27-08-2025 2/3 who is also the co-villager of the petitioner and was present at the NTPC. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, as well as, the fact that there is delay in lodging the FIR and the FIR has been lodged by the guard, who was present at the NTPC, the petitioner is having clean antecedent, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.

7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate - III, Barh, Patna/concerned Court in connection with Bakhtiyarpur P.S. Case No. 400 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in

Patna High Court CR. MISC. No.55076 of 2025(2) dt.27-08-2025 3/3 paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T