Govinda @ Govind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74094 of 2025 Arising Out of PS. Case No.-368 Year-2025 Thana- RAJIVNAGAR District- Patna ====================================================== Govinda @ Govind Kumar S/o Birju Rai Resident of Digha Polson Road, P.S.- Digha, Distrtict- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Akhauri Kamal Kishore Sahay, Adv.
For the State :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Rajiv Nagar P.S. Case No. 368 of 2025 registered for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. As per prosecution case, there is alleged recovery of six live bullets as well as one scooty from possession of the petitioner.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner is in custody since 13.06.2025. Petitioner bears criminal antecedent of two cases, in which he is on bail. Charge sheet has been submitted in the case and there is no likelihood
Patna High Court CR. MISC. No.74094 of 2025(2) dt.05-12-2025 2/3 of tampering with the prosecution evidence.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner and submits that six live bullets and one scooty were recovered from possession of the petitioner and hence, he does not deserve bail.
6. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, 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 Additional Chief Judicial Magistrate-II, Patna in connection with Rajiv Nagar P.S. Case No. 368 of 2025, subject to following 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
Patna High Court CR. MISC. No.74094 of 2025(2) dt.05-12-2025 3/3 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