Dara Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9410 of 2025 Arising Out of PS. Case No.-138 Year-2024 Thana- Geedha District- Bhojpur ====================================================== 1.

Dara Kumar Singh, (M), aged about 19 years, son of Hira Nand Singh, 2.

Ujala Kumar @ Karan Paswan, (M), aged about 20 years, son of Krishna Paswan @ Madhai Paswan, Both resident of village- Gidha, P.S- Gidha, Dist- Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners seek bail in connection with Gidha PS Case No.138 of 2024 dated 24.09.2024, instituted for the offence punishable under Sections 310(4), 310(5), 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The case of the prosecution, in brief, is that the informant, who is a Sub Inspector of Police, got secret information that the petitioners along with other accused persons have assembled in the new/semi constructed house of the petitioner no.2 for committing crime and accordingly the police raided the house of the petitioner no.2 and on search one country-made double barrel pistol and two live cartridges were

Patna High Court CR. MISC. No.9410 of 2025(3) dt.15-05-2025 2/2 recovered from the possession of the petitioner no.2, Ujala Kumar @ Karan Paswan, and one country made pistol was recovered from the conscious possession of the petitioner no.1, Dara Kumar Singh.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. Nothing incriminating has been recovered from conscious possession of the petitioner. Petitioners have no concern with the alleged recovered arms and the police have falsely implicated them in this false case. Further submission is that petitioners are in custody since 25.09.2024 having clean antecedents and charge-sheet has been submitted in the case.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM, Bhojpur at Ara, in Gidha PS Case No.138 of 2024.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U