Golu Kumar @ Golu Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79432 of 2025 Arising Out of PS. Case No.-269 Year-2025 Thana- AMNAUR District- Saran ====================================================== Golu Kumar @ Golu Kumar Prasad S/O Guddu Prasad R/o Vill.- Paharpur, P.S - Amnaur, District - Chapra, Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Murari Mishra, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Amnaur P.S. Case No. 269 of 2025, instituted for the offences under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. Prosecution case, in short, is that on receiving secret information regarding petitioner indulged in trade of illegal arms, the Police personnel raided the house of the petitioner. On seeing the Police, petitioner tried to flee away, but on chase, he was apprehended and a country made katta with a live cartridge was recovered.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.79432 of 2025(3) dt.11-02-2026 2/3 possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.09.2025 and has three criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amnaur P.S. Case No. 269 of 2025, subject to the following conditions: (I) One of the bailors shall be the petitioner's own or close member.

(II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during

Patna High Court CR. MISC. No.79432 of 2025(3) dt.11-02-2026 3/3 the course of trial.

(IV) The Petitioner shall not commit offence of a similar nature in future.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) manish/- U T