Gautam KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86735 of 2025
                     Arising Out of PS. Case No.-310 Year-2025 Thana- KHIJARSARAI District- Gaya
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                 Gautam Kumar, Son of Uday Kumar Resident of Village - Belwa, Ps-
                 Khizarsarai, Dist- Gayaji

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Sinha, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Kumar, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-01-2026                  Heard Mr. Ajay Kumar Sinha, learned counsel for the

                   petitioner and Mr. Parmanand Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Khijarsarai P.S. Case No. 310 of 2025, F.I.R.

                   dated 12.08.2025 for the offences punishable under Sections

                   25(1-B)A, 26, 35 of the Arms Act.

                                3. According to prosecution case, the petitioner had

                   given one pistol to co-accused Tinku Kumar who had stopped

                   the school bus and demanded Rs. 10,00,000/- (Rs. Ten lac) as

                   extortion money from the owner of the bus.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R.
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          itself that the recovery have been made from possession of the

          co-accused person namely Tinku Kumar and on the basis of

          deposition made by him the name of the petitioner has come in

          the present case. Except disclosure of the co-accused no other

          allegation to suggest the involvement of the petitioner in the

          present occurrence.

                       5.   Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner carries one more case other than the

          present one but fairly submits on the basis of paragraph-3 of the

          bail petition that the petitioner is on bail in the pending matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, in the event of his arrest or

          surrender before the court below within a period of thirty days

          from the date of receipt of the order, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          J.M., 1st Class, Gaya Ji in connection with Khizarsarai P.S. Case

          No. 310 of 2025, subject to the conditions as laid down under

          Section 482(2) of the Code of Criminal Procedure and with

          other following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be
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                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
khushbu/-

U      T