Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85751 of 2024 Arising Out of PS. Case No.-235 Year-2024 Thana- TEGHRHA District- Begusarai ====================================================== Golu Kumar Son of Rajiv Kumar Singh @ Rajiv Singh Resident of Village - Barauni 01, Ward No. 5, P.S. - Teghra, Jagannathpur District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amritesh Kumar, Adv.
For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Teghra P.S. Case No. 235 of 2024 instituted for the offences under Section 310(4), 310(5) of the B.N.S. and Section 25(1-b)a/26(1), 35 of the Arms Act.
3. As per prosecution case, the police has recovered four live cartridges from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has
Patna High Court CR. MISC. No.85751 of 2024(3) dt.27-02-2025 2/3 been falsely implicated in the present case with false and frivolous allegations. The petitioner has not committed any offence as alleged in the F.I.R. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner submits that there is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no criminal antecedent and is languishing in judicial custody since 28.07.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The I.O. after completion of investigation has submitted charge-sheet against the petitioner under Sections 310(4), 310(5) of the B.N.S., 2023 and Section 25(1-b)a/26(1), 35 of the Arms Act. The petitioner is named in the F.I.R. and, hence, he does not deserve bail.
Patna High Court CR. MISC. No.85751 of 2024(3) dt.27-02-2025 3/3
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Teghra P.S. Case No. 235 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T