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2025 DAILYLAW 44841 (PAT)

Golu Kumar v. The State of Bihar

CR. MISC./33384/2025 · 2025-08-13

Arun Kumar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33384 of 2025 Arising Out of PS. Case No.-35 Year-2025 Thana- MAKER District- Saran ====================================================== Golu Kumar S/o Surendra Singh R/o Vill- Bhajahiya, P.S.- Dariyapur, District- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 33617 of 2025 Arising Out of PS. Case No.-35 Year-2025 Thana- MAKER District- Saran ====================================================== Vishal kumar @ Hani @ Honi S/o Sudershan Singh R/o vill - Pachlakh Nawada, P.S.- Parsa, Distt.- Saran at Chapra ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 34321 of 2025 Arising Out of PS. Case No.-35 Year-2025 Thana- MAKER District- Saran ====================================================== Rajeev Kumar Singh S/o Ranjit Singh R/o Village Kakrahat PS Derni Distt Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 33384 of 2025) For the Petitioner/s : Mr.Sunil Kumar Singh, Adv. For the Opposite Party/s : Mr.Sanjay Kumar Singh, A.P.P. (In CRIMINAL MISCELLANEOUS No. 33617 of 2025) For the Petitioner/s : Mr.Tribhuwan Narayan, Adv. For the Opposite Party/s : Mr.Mithlesh Kumar Khare, A.P.P. (In CRIMINAL MISCELLANEOUS No. 34321 of 2025) For the Petitioner/s : Mr.Mritunjay Singh, Adv. For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA Patna High Court CR. MISC. No.33384 of 2025(3) dt.13-08-2025 2/4 ORAL ORDER 3 13-08-2025 Heard learned counsels for the petitioners and learned A.P.P. for the State. 2. In the present case, the petitioners seek bail in connection with Maker P.S. Case No. 35 of 2025, registered for the offences under Sections 310(4), 310(5) of the BNS and Section 25(1-b)a, 26, 35 of the Arms Act. 3. As per the prosecution case, police received information about 6-7 miscreants making plan for committing dacoity and a raid was conducted. Four miscreants were apprehended with their motorcycle and co-accused persons fled away from the spot. From the petitioners, Golu Kumar and Vishal Kumar, recovery of one iron knife each were made whereas from petitioner, Rajeev Kumar Singh a country made katta loaded with one live cartridge was recovered. 4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Nothing incriminating has been recovered from person or possession of this petitioners and the recovered articles are planted. There is no material to show that the petitioners were making plan to commit dacoity and only on suspicion they have been apprehended. There is no independent witness to the search and seizure. The petitioners Patna High Court CR. MISC. No.33384 of 2025(3) dt.13-08-2025 3/4 are in custody since 21.02.2025 and charge sheet has been submitted. The petitioners Golu Kumar and Rajeev Kumar Singh are having antecedent of one case each whereas petitioner Vishal Kumar is having clean antecedent. 5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioners. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the doubtful nature of allegation against the petitioners and also considering the submission of charge sheet against them and further considering their period of custody, the petitioners are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned JMFC, Saran at Chapra/concerned court, in connection with Maker P.S. Case No. 35 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioners. (ii) The petitioners will remain present on each and every date fixed by the below, if so required by the learned trial court. Patna High Court CR. MISC. No.33384 of 2025(3) dt.13-08-2025 4/4 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned. anuradha/- (Arun Kumar Jha, J) U T