Ram Kumar @ Ramji Rai @ Ramji Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14028 of 2019 Arising Out of PS. Case No.-322 Year-2018 Thana- DIGHA District- Patna ====================================================== RAM KUMAR @ RAMJI RAI @ RAMJI GOPE S/o Ram Naresh Rai village-Vishwanathpur, P.S-Dumra, Distt.-Sitamarhi, presently residing in the rented house of Manoj Kumar at Kurji Balupar, Ganga Nagar, Lane No.1, P.SDigha, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashhar Mustafa, Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 21.06.2018 in a case registered for the offences punishable under Sections 25 (1-B)a, 26 and 35 of the Arms Act. It is alleged that from the possession of the petitioner, one country made pistol and three live cartridges were recovered.

It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the petitioner has been roped in the present case and the investigation has already been concluded. It is further submitted that though the petitioner is having serious criminal antecedent, but in these

Patna High Court CR. MISC. No.14028 of 2019(2) dt.07-03-2019 2/2 cases, he is on bail.

Learned APP for the State submits that the recovery has been made from the conscious physical possession of the petitioner and he is having serious criminal antecedent. Considering the fact that the investigation has already been concluded and the impugned order does not suggest that the trial has commenced, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Patna, in connection with Digha P.S. Case No. 322 of 2018. Since the petitioner is having serious criminal antecedent, learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions or gets involved in some serious nature of offence. (Dinesh Kumar Singh, J) Ashwini/- U T