Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19680 of 2024 Arising Out of PS. Case No.-352 Year-2023 Thana- ATHMALGOLA District- Patna ====================================================== Randhir Kumar, aged about 43 years (Male), Son of Upendra Singh Resident of Village- Suryapura, Karjan, P.S.- Athmalgola, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence under Sections 341, 323, 353 and 504 of the Indian Penal Code and Sections 25(1-b)a and 26 of the Arms Act.

3. As per the prosecution case, it is a case of recovery of one country made pistol and one live cartridge in front of the field of one co-accused Nand Singh. 4.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that nothing has been recovered from the possession of the petitioner and no independent witness of

Patna High Court CR. MISC. No.19680 of 2024(2) dt.03-04-2024 2/2 seizure list and petitioner is in custody since 28.10.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Athmalgola P.S. Case No.352 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Barh, Patna.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T