Raja Kumar @ Raja Babu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2224 of 2025 Arising Out of PS. Case No.-325 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Raja Kumar @ Raja Babu Son of Shivji Sah @ Shiv Ji Sah Resident of Village- Turkauliya Chowk, Kachari (Kachahariya) Tola, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Karandeep Kumar For the Opposite Party/s :
Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Harsidhi P.S. Case No. 325 of 2024 registered for the offence punishable under Sections-414, 399 and 402 of the Indian Penal Code and Sections-25(1-b)a, 26, 35 of the Arms Act.
3. As per prosecution case, in course of vehicle checking by the informant, one Scorpio car tried to flee away but the Scorpio was stopped and five persons were apprehended. On search, one loaded country-made pistol with a cartridge has been recovered from possession of the co-accused.
4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He is a person of clean antecedent and is under
Patna High Court CR. MISC. No.2224 of 2025(2) dt.28-02-2025 2/2 custody since 12-06-2024. The co-accused, namely, Sahareyar Ansari @ Shareyar Ansari has been granted bail by this court vide order dated 28-08-2024 passed in Cr. Misc. No. 59164 of 2024. The case of the petitioner is better footing to that of coaccused, Sahareyar Ansari @ Shareyar Ansari as no recovery was made from the petitioner whereas the country-made pistol and cartridge was recovered from the co-accused.
5. Learned APP has opposed the prayer for bail.
6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, East Champaran, Motihari in connection with Harsidhi P.S. Case No. 325 of 2024, subject to the condition that the petitioner shall cooperate in the trial and make himself available as and when required by the Court. (Nawneet Kumar Pandey, J) Nirmal/- U T