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Patna High CourtCR. MISC./5399/2025allowed

Ravi Kumar @ Ravi Chauhan v. The State Of Bihar

2025-02-21Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5399 of 2025 Arising Out of PS. Case No.-193 Year-2023 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Ravi Kumar @ Ravi Chauhan S/O Raghu Chauhan R/O Village- Ganpat Nagar, P.S- Neemchak Bathani, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Sharma For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 25(1-B)a, 26, 35 of the Arms Act.

3.

As per the prosecution case, the informant got a secret information that the accused of Neemchak Bathani P.S. Case No.192 of 2023 are hiding arms in his house. The police went to his house and recovered two rifles and five .315 bore live cartridges from his house. The allegation against the petitioner is that he and other co-accused persons fled away from the spot. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case

Patna High Court CR. MISC. No.5399 of 2025(2) dt.21-02-2025 2/3 due to enmity. There is general and omnibus allegation against the petitioner. It is further submitted that the alleged recovery has been made from the house of the co-accused Ramchandra Chauhan. There is no specific overt act against the petitioner. The petitioner has four criminal antecedent and has been rotting in judicial custody since 13.08.2024.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Neemchak Bathani P.S. Case No.193 of 2023, subject to the following conditions:

(i) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (ii) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present

Patna High Court CR. MISC. No.5399 of 2025(2) dt.21-02-2025 3/3 case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. (iii) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(iv) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (v) The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.

(Anjani Kumar Sharan, J) shikha/- U T