Govind Kumar @ Govind Kumar Kashyap v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10938 of 2024 Arising Out of PS. Case No.-142 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== Govind Kumar @ Govind Kumar Kashyap, aged about 30 years, S/o Late Rajendra Yadav, R/o Village- Sarasat, P.S. Naubatpur, District- Patna. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Anil Singh, Advocate For the Opposite Party :
Mr. Tarun Prasad Mandal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Gardanibagh P.S. Case No. 142 of 2022 dated 16.03.2022 registered for the offences punishable under Section 399, 402 of the I.P.C. and Sections 25(1-b)a/26/35 of the Arms Act.
3. As per the prosecution case, police apprehended the co-accused Vishwajeet Kumar and recovered one country made pistol, magazine and two live cartridges from his possession and the co-accused Aryan Kumar @ Chuhwa was also apprehended and from his possession, three live cartridges were recovered. The police also seized several articles from the room. It is further alleged that the apprehended co-accused persons
Patna High Court CR. MISC. No.10938 of 2024(3) dt.28-06-2024 2/3 disclosed the name of the petitioner and other co-accused as fleeing persons from the place of occurrence.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner was not apprehended on the spot. His name has sprung up in the present case on the basis of the confessional statement of the co-accused which got no evidentiary value in the eye of law. No incriminating article has been recovered from possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C. The petitioner has been remanded in the present case from Phulwari Sharif P.S. Case No. 534 of 2022. It is further submitted that other co-accused person Vishwajeet Kumar has already been granted bail by a Bench of this Court vide Cr. Misc. No. 50538 of 2022 under order dated 09.12.2022, annexed as Annexure-2 to the bail petition. The petitioner has three criminal antecedents as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 28.06.2022.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above
Patna High Court CR. MISC. No.10938 of 2024(3) dt.28-06-2024 3/3 named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- XIV, Patna in connection with Gardanibagh P.S. Case No. 142 of 2022.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T