Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68746 of 2019 Arising Out of PS. Case No.-424 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== GOPAL KUMAR Son of Ganesh Singh Resident of Village - Sangha Ghat, P.S.- Meergang, Distt - Purnia.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner in the present case is seeking regular bail in connection with Begusarai Town (Ratanpur O.P.) P.S. Case No. 424/2019 registered under Sections 25(1-b)A, 26/35 of the Arms Act.

Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner, no any arms has been recovered from the possession of this petitioner. It is the contention of the petitioner that he had gone to the village of his relative where wrongly recovery of arms has been shown from his possession. Petitioner has no criminal antecedent, however he is in custody since 26.07.2019.

Patna High Court CR. MISC. No.68746 of 2019(2) dt.04-12-2019 2/3 Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is alleged that a loaded pistol with 15 live cartridges were recovered from the possession of he petitioner allegedly when some other persons who had assembled at a place and had fled away in course of raid conducted by the police and the petitioner having no criminal antecedent and it is his contention that he had gone to the village of his relative where wrongly recovery has been shown from his possession, petitioner being in custody since 26.07.2019, let the above-named petitioner be released on bail on completion of six months in custody on 27th January, 2020, furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai, in connection with Begusarai Town (Ratanpur O.P.) P.S. Case No. 424/2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter,

Patna High Court CR. MISC. No.68746 of 2019(2) dt.04-12-2019 3/3 (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T