Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7557 of 2025 Arising Out of PS. Case No.-432 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== Badal Kumar S/o Madan sah Resident of village- Gidhauna, P.S- Ghorasahan, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ghorasahan P.S. Case No. 432 of 2024 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per prosecution case, the police has recovered one country-made pistol with one loaded cartridge from the possession of the petitioner. The police has also recovered one country-made pistol with one loaded cartridge from the possession of the co-accused Raju Kumar @ Rohit.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence at all as alleged against him rather he has falsely been implicated in the present case only due to police mechanism and maneuvering and with a view to cause harassment. Nothing incriminating has

Patna High Court CR. MISC. No.7557 of 2025(2) dt.17-02-2025 2/2 been recovered from the conscious/physical possession of the petitioner. The petitioner has no criminal antecedent and is languishing in judicial custody since 05.11.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The petitioner is named in the F.I.R. and, hence, he does not deserve bail.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Ghorasahan P.S. Case No. 432 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T