Amit Ray @ Amit Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12167 of 2025 Arising Out of PS. Case No.-248 Year-2023 Thana- PURAINI District- Madhepura ====================================================== Amit Ray @ Amit Kumar Ray Son of Late Birendra Ray Resident of VillageGaneshpur, Ward No. 10, P.S.- Puraini, Distt.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Puraini P.S. Case No. 248 of 2023 registered for the alleged offences under Sections 25(1-B)(a) and 26 of the Arms Act and Sections 8(c), 21(a) of the NDPS Act.

3. As per the prosecution case, the petitioner was apprehended by special task force personnel near the border of Bihar and Nepal and thereafter on interrogation from the petitioner, recovery of one country made katta and two live cartridges were made from the pillow of the bed of the petitioner. Further recovery of 4.02 grams smack was also made from the house of the petitioner.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.12167 of 2025(2) dt.07-03-2025 2/3 petitioner is innocent and has been falsely implicated in this case. Petitioner was apprehended at Nepal border. Nothing incriminating was recovered from his person or possession. The petitioner is having antecedent of 21 cases but he has been acquitted in nine such cases and he is on bail in three cases. The petitioner is in custody since 06.12.2023 and charge sheet has been submitted. Learned counsel further submits that the quantity of recovered contraband comes below the notified small quantity.

5. Learned APP opposes the submission made on behalf of the petitioner and submits that the petitioner is a veteran criminal and is accused in altogether 21 cases of serious nature.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge III, Madhepura in connection with Puraini P.S. Case No. 248 of 2023, subject to the following conditions :

(i) One of the bailors will be a close relative of the

Patna High Court CR. MISC. No.12167 of 2025(2) dt.07-03-2025 3/3 petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(Arun Kumar Jha, J) Prakash/- U