Patna High CourtCR. MISC./9295/2025bail granted

Prince Kumar v. The State Of Bihar

2025-05-15Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9295 of 2025 Arising Out of PS. Case No.-565 Year-2024 Thana- RAJAON District- Banka ====================================================== Prince Kumar, Male, 28 years, son of Prakash Yadav, resident of villageGarbhukitta, P.S.- Rajoun, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

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

2. The petitioner seeks bail in connection with Rajoun PS Case No.565 of 2024 dated 24.11.2024, instituted for the offence punishable under Sections 303(2), 317(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

3. The allegation is of recovery of country-made pistol, two live cartridges and two empty cartridges from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner, rather, the incriminating articles were

Patna High Court CR. MISC. No.9295 of 2025(3) dt.15-05-2025 2/3 implanted the police personnel. Lastly, it is submitted that the petitioner is in custody since 24.11.2024 and five cases are pending against the petitioner.

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 petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Banka, in Rajoun PS Case No.

Patna High Court CR. MISC. No.9295 of 2025(3) dt.15-05-2025 3/3 case, the prosecution will be at liberty to move for cancellation of bail and (v) that the petitioner within two weeks after his release from custody shall appear before the SHO of the local PS along with a copy of this order and thereafter shall appear every fortnightly to mark his attendance till the framing of charge in the case.

7. The application stands allowed.

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