Golu Kumar @ Golu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64666 of 2025 Arising Out of PS. Case No.-175 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== Golu Kumar @ Golu Sahani, aged about 20 years (M), S/O Madan Sahani @ Madan Sahni, Resident of Village- Majhyariya, P.S.- Piprakothi, Dist.- East Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Abhishek Kumar, Advocate For the Opposite Party :

Mr. Mohammad Sufyan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Piprakothi P.S.Case No. 175 of 2025 dated 02.06.2025 registered for the offences punishable under Sections 25(1-B) (a),26 and 35 of the Arms Act.

3. As per the prosecution case, on 02.06.2025 at about 8.30 P.M., the informant received information that at Majhariya village, Golu Kumar (petitioner) was making celebratory firing on the marriage of his brother Jhunnu Sahani @ Jhunna Sahani. Thereafter, police reached the said place and apprehended Golu Kumar (petitioner) and from his possession, a country made loaded pistol, one live cartridge of 8 MM and a bullet shell of

Patna High Court CR. MISC. No.64666 of 2025(3) dt.17-11-2025 2/3 8MM were recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner was apprehended only on the basis of suspicion. No incriminating article has been recovered from the possession of the petitioner. It is alleged that one country made loaded pistol, one live cartridge and one empty cartridge were recovered from the possession of the petitioner but in fact, there was situation of pandemonium and stampede at the time of chase of the offender, who succeeded in making good escape after throwing arms, and the petitioner while crossing the road at the very point of time, appears to have fallen prey to the tragic circumstances and was arrested on suspicion. The petitioner has no concern with the alleged recovered article.

It is further submitted that the other co-accused person, namely, Jhunnu Sahani @ Jhunna Sahani has already been granted bail by a Bench of this Court in Cr. Misc. No. 59741 of 2025 vide order dated 01.09.2025. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 04.06.2025.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.64666 of 2025(3) dt.17-11-2025 3/3 opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Motihari, East Champaran in connection with Piprakothi P.S. Case No. 175 of 2025 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T