Shakti Singh @ Shakti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7790 of 2025 Arising Out of PS. Case No.-175 Year-2024 Thana- SOHSARAI District- Nalanda ====================================================== Shakti Singh @ Shakti Kumar Son of Shiv Shankar Singh Resident of Village- Budhara, P.S.- Athamalgola, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Prasad, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sohsarai P.S. Case No. 175 of 2024 instituted for the offence under Sections 317(4), 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26 & 35 of the Arms Act. 3.

Police during course of patrolling had intercepted one car, in which co-accused including the petitioner were present and on search, there is recovery of Rs. 50,000/- and mobile phone from the possession of the petitioner. It is further alleged that some arms were also recovered from other coaccused. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.7790 of 2025(2) dt.18-02-2025 2/3 that the petitioner is in custody since 24-07-2024. Petitioner bears seven criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that no arms were recovered from the possession of the petitioner. It is only alleged that cash and mobile phone has been recovered from the possession of the petitioner, which belongs to the petitioner himself. There is no compliance of Section 103 of the BNSS, 2023. Learned counsel for the petitioner lastly submits that police after completion of investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.7790 of 2025(2) dt.18-02-2025 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Sohsarai P.S. Case No. 175 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T