Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11481 of 2025 Arising Out of PS. Case No.-453 Year-2024 Thana- DUMRA District- Sitamarhi ====================================================== Ganesh Kumar Son of Dukha sah village- Mohandeeh, Ward no. 15, PsDumra, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sabal Kumar Jha, Advocate Mr. Raj Kumar Sinha, Advocate Mr. Uday Kumar, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Dumra P.S. Case No. 453 of 2024 registered on 08.10.2024 for the alleged offences under Sections 25(1-b)a/26 of the Arms Act.

03. As per prosecution case, recovery of a loaded country made Katta was made from the house of the petitioner when his house was raided on the basis of an information.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of this petitioner. The recovery shown

Patna High Court CR. MISC. No.11481 of 2025(2) dt.06-03-2025 2/3 from the petitioner have been made from the joint house. The police did not follow the mandatory provisions of Section 97 of B.N.S.S., 2023 while conducting search and seizure. The petitioner is in custody since 09.10.2024 and charge-sheet has been submitted. The petitioner has got no criminal history.

05. Learned APP for the State opposes the prayer for bail.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is 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 learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 453 of 2024, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

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

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

(iii) In case of absence on three consecutive dates

Patna High Court CR. MISC. No.11481 of 2025(2) dt.06-03-2025 3/3 or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T