Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4990 of 2025 Arising Out of PS. Case No.-634 Year-2024 Thana- AMARPUR District- Banka ====================================================== Roushan Kumar, Son of Kailash Yadav, Resident of Village- Bachhor, P.S.- Amarpur (Fullidumar), Distt.- Banka ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dhirendra Kumar, Advocate.

For the State :

Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Amarpur (Fullidumar) P.S. Case No.634 of 2024 dated 19.09.2024, registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per allegation, one loaded double barrel gun along with ten live cartridges was recovered from the joint family house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the statutory provisions of search and seizure has not been followed by the Police. There is no independent witness to the seizure. Moreover, the place of

Patna High Court CR. MISC. No.4990 of 2025(2) dt.19-02-2025 2/3 recovery belongs to joint family. He also submits that similarly situated co-accused Yugal Yadav has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 05.02.2025 passed in Cr. Misc. 3482 of 2025.

5. He further submits that the petitioner has been languishing in jail since19.09.2024.

6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.

7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

8. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.

9. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IIIrd, Banka, in connection with Amarpur (Fullidumar) P.S. Case No. 634 of 2024 on the following conditions:

(i) The petitioner will make himself available for

Patna High Court CR. MISC. No.4990 of 2025(2) dt.19-02-2025 3/3 interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T