Gokul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1808 of 2025 Arising Out of PS. Case No.-48 Year-2023 Thana- GANGABRIDGE District- Vaishali ====================================================== Gokul Kumar, aged about 19 years, Male, Son of Lal Babu Mahto @ Lal Babu, R/O Mohalla- Gandhi Chowk, P.S.- Hajipur Town, District- Vaishali ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Vasant Vikas, Advocate For the Opposite Party :
Mr. Ganesh Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Ganga Bridge P.S. Case No. 48 of 2023 dated 18.02.2023 registered for the offences punishable under Section 414 of the I.P.C. and Sections 25(1-B) a, 26 and 35 of the Arms Act.
3. As per the prosecution case, on 18.02.2023 at about 5.00 P.M., police apprehended the co-accused person, Raju Chaudhary and recovered one country made pistol alongwith two live cartridges from his possession who also disclosed the name of this petitioner and other co-accused person Ankit @ Charlee as fleeing persons.
4. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.1808 of 2025(3) dt.30-04-2025 2/3 the petitioner is innocent and has falsely been implicated in the present case. His name has come in the present case on the basis of the confessional statement of the apprehended co-accused person, Raju Chaudhary which has got no evidentiary value in the eyes of law. He has no concern with the alleged offence. He has falsely been implicated in the present case due to previous criminal antecedent. He has been remanded in the present case from Bidupur P.S. Case No. 145 of 2023. The charge sheet has been submitted in the present case against the petitioner. It is further submitted that the co-accused Raju Chaudhary has already been granted bail by the Co-ordinate Bench of this Court vide Cr. Misc. No. 36103 of 2023 under order dated 03.08.2023, annexed as Annexure-P/2 to the present bail petition. The petitioner has seven criminal antecedents as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 13.04.2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the
Patna High Court CR. MISC. No.1808 of 2025(3) dt.30-04-2025 3/3 like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Ganga Bridge P.S. Case No. 48 of 2023 with further condition:- I. The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T