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Patna High CourtCR. MISC./57164/2025allowed

Golu Kumar @ Tej Pratap v. The State Of Bihar

2025-08-27Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57164 of 2025 Arising Out of PS. Case No.-49 Year-2024 Thana- MANPUR District- Nalanda ====================================================== Golu Kumar @ Tej Pratap, S/o Ranvijay Prasad @ Ranvijay Kumar @ Ram Vijay Prasad, R/o Village- Noawan, P.S.- Asthawan, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar No. I, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-08-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Manpur P.S. Case No. 49 of 2024, registered for the offences punishable under Sections 147, 149, 188, 341, 342, 332, 353, 307, 504 and 506 of the Indian Penal Code.

3. Allegedly the informant alongwith other police personnels carried a raid and apprehended co-accused Bhajju @ Raju Ranjan Kumar. While the police personnels were returning alongwith the co-accused person, in the meanwhile, 14 to 15 persons riding on 7 to 8 motorcycles, intercepted them and tried to free the accused. In the said incidence, the police further apprehended 2 other accused persons and on enquiry they disclosed the name of the

Patna High Court CR. MISC. No.57164 of 2025(2) dt.27-08-2025 2/3 petitioner and others. The other accused persons fleeing away, also left their motorcycles and mobile at the place of occurrence.

4. Learned Advocate appearing on behalf of the petitioner submitted that no specific allegation has been made in the first information report with regard to the use of criminal force or assault to anyone. So far the recovered motorcycle and mobile phones are concerned, they do not belong to the petitioner. Taking note of the aforesaid fact, co-accused Nitish Kumar who was facing identical allegation has been allowed the privilege of anticipatory bail by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 51618 of 2024, the copy of which is placed on record as Annexure P/2. The petitioner bears fair antecedent and he undertakes before this Court that he will cooperate in the proceeding of the Court.

5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application.

6. Having regard to the submissions set forth by learned Advocate for the respective parties and taking note of the omnibus nature of allegation coupled with the fair antecedent and the case of the petitioner is based on parity with co-accused person, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court

Patna High Court CR. MISC. No.57164 of 2025(2) dt.27-08-2025 3/3 below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Manpur P.S. Case No. 49 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) supratim/- U T