Mukesh Ray @ Shambhu Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12378 of 2025 Arising Out of PS. Case No.-961 Year-2024 Thana- DANAPUR District- Patna ====================================================== Mukesh Ray @ Shambhu Baba S/O Ramji Ray Resident of Village - Chakiya, P.S- Doriganj, Dist- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoranjan Kumar, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Danapur P.S. Case No. 961 of 2024, registered for the offences under Sections 25(1-B)a, 26, 35 of the Arms Act.

3. As per the prosecution case, police received information about members of sand mafia coming with firearms at certain identified place. Police found two persons on a boat coming towards the bank of the river but on seeing the police party tried to escape by the same boat. One of them was apprehended with white colour sack and on search of that sack recovery of one loaded country made rifle with one cartridge, another country made rifle loaded with one live cartridge and 41

Patna High Court CR. MISC. No.12378 of 2025(2) dt.07-03-2025 2/3 live cartridges of different calibre were recovered.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No offences as alleged has ever taken place. The petitioner has no concern either with the seized material or with the boat which was not seized. The petitioner does not belong to any group of sand mafia and he is merely a laborer working on daily wages. Learned counsel further submits that petitioner is having clean antecedent and he is in custody since 29.09.2024 and charge sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that a big cache of arms and ammunition were recovered from this petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the submission of charge sheet and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Danapur/concerned court, in connection with Danapur P.S. Case No. 961 of 2024, subject to

Patna High Court CR. MISC. No.12378 of 2025(2) dt.07-03-2025 3/3 the condition laid down under Section 437(3) of the code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T