Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2936 of 2024 Arising Out of PS. Case No.-326 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Govind Kumar S/O Bhutat Sahani @ Bhutta Sahani R/O Village- Dumari, Ward No. 3, P.S- Sugauli, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2, Adv.

For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Sugauli PS Case No. 326 of 2023 dated 04-08-2023, instituted under Sections 25(9)/27 of the Arms Act.

3. The prosecution case, in short, is that the police registered the First Information Report (for brevity 'FIR') after verifying a viral video, in which, the petitioner was seen holding an illegal 'Desi Katta' ( arm) in his hand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the alleged video does not belong to the petitioner rather it is manipulated one. It is submitted that merely on suspicion, the petitioner has been made accused in this case.

Patna High Court CR. MISC. No.2936 of 2024(2) dt.07-02-2024 2/2 No incriminating article has been recovered from possession of petitioner. The petitioner does not know how his photograph got viral. He has not given any such type of photograph anywhere. The petitioner has got no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Motihari, East Champaran at Motihari, in Sugauli PS Case No. 326 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T