Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1068 of 2025 Arising Out of PS. Case No.-270 Year-2024 Thana- BHAGWANPUR District- Begusarai ====================================================== Golu Kumar Son of Anil Chaurasia Resident of Village- Banbaripur, Ward No. 06, PS- Bhagwanpur, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Das, Advocate.

For the Opposite Party/s :

Mr.Rabindra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-02-2025 Heard Mr. Pankaj Kumar Das, learned counsel appearing on behalf of the petitioner and Mr. Rabindra Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bhagwanpur P.S. Case No. 270 of 2024 registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the allegation made in the F.I.R., on receiving secret information about firing in a birthday party, the police reached at the spot and arrested three persons from whom arms were recovered. Seizure list was also prepared. The apprehended accused disclosed the name of the petitioner as their accomplice.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.1068 of 2025(2) dt.05-02-2025 2/3 petitioner submitted that the petitioner is innocent and has committed no offence as alleged. Name of the petitioner surfaced in the case on the basis of confessional statement of the apprehended accused which has no evidentiary value in the eye of law. Nothing has been recovered from the possession of the petitioner. Petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner and the fact that the name of the petitioner surfaced in the case on the basis of confessional statement of apprehended accused and nothing has been recovered from the possession of the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur P.S. Case No. 270 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner

Patna High Court CR. MISC. No.1068 of 2025(2) dt.05-02-2025 3/3 is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T