Patna High CourtCR. MISC./88885/2024bail granted

Gabbar Kumar @ Sonu @ Gabbar Sonu Kumar v. The State Of Bihar

2025-01-21Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88885 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- FCI District- Begusarai ====================================================== Gabbar Kumar @ Sonu @ Gabbar Sonu Kumar S/o- Radhey Shyam Singh R/o- Bihat Pir Asthan Ps- FCI Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-01-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with F.C.I. P.S. Case No. 34 of 2024 dated 01.09.2024 registered under Sections 317 (4), 317 (5), 3(5) of the B.N.S. and Section 25(1-b)a, 26, 35 of the Arms Act.

3. The prosecution case as per the first information report lodged by A.S.I. Manoranjan Kumar Mandal is that on 01.09.2024 in the morning while he along with Police force was on patrolling, he received secret information that some persons are planning for loot and dacoity near Jalelpur Tola and on receiving this information he reached the place of occurrence and on seeing the Police 5-6 persons started fleeing away but Police on chase apprehended two persons namely, Chotu Kumar @ Raja and Amit Kumar @ Sonu, who disclosed the name of

Patna High Court CR. MISC. No.88885 of 2024(2) dt.21-01-2025 2/3 the petitioner and three others as the persons who fled away. On search, the Police recovered one loaded country made pistol each from the arrested co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the name of the petitioner transpired in this case on the disclosure made by the arrested co-accused namely, Chotu Kumar @ Raja, who happens to be the agnate of the petitioner and due to village politics he has been dragged in this case. He further submits that the petitioner is a student and he is only 18 years old and he has got no criminal antecedent. Similarly situated co-accused / Munshi Kumar @ Manjesh Kumar @ Manjesh has been granted anticipatory bail by this court in Cr. Misc. No. 80406 of 2024.

5. Regard being had to the submission made by the parties, taking into consideration the fact that the petitioner is 18 years old having no criminal antecedent, his name transpired in this case on the basis of disclosure of his name by the arrested co-accused person and similarly situated co-accused has been granted anticipatory bail by this court, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on

Patna High Court CR. MISC. No.88885 of 2024(2) dt.21-01-2025 3/3 anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Begusarai in connection with F.C.I. P.S. Case No. 34 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T