Gobinda Kumar @ Govinda Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.836 of 2023 Arising Out of PS. Case No.-367 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== Gobinda Kumar @ Govinda Kumar Son Of Banwari Sao, Resident Of Village - Kab, P.S.- Ranitalab, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode The petitioner seeks regular bail in connection with Shastri Nagar P.S. Case No. 367 of 2022 lodged under Sections 25(1-b)a, 25-1(AA), 26 and 35 of Arms Act.

As per prosecution case, the recovery of arms has been made from possession of the petitioner in the form of two live cartridges.

Learned counsel for the petitioner submits that there were four persons tried to flee but all were caught in this case. Counsel further submits that petitioner has one criminal antecedent in which he is on bail. He further submits that charge

Patna High Court CR. MISC. No.836 of 2023(2) dt.25-03-2023 2/3 sheet has already been filed against the petitioner and he is ready to appear before the court and he undertake that he shall appear before the court on every date as and when required. Counsel further submits that petitioner is in custody since 27.06.2022, about 9 months has lapsed. He further submits that other accused persons have been granted bail vide Annexure-2. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-IX-cum-A.C.J.M., Patna in connection with Shastri Nagar P.S. Case No. 367 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall

Patna High Court CR. MISC. No.836 of 2023(2) dt.25-03-2023 3/3 file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T