Raj Kumar @ Birju Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19595 of 2024 Arising Out of PS. Case No.-500 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Raj Kumar @ Birju Choudhary Son of Late Rajendra Choudhary Resident of Village- Hazi Subhan, P.S.- Kotwali, District- Munger ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manendra Kumar Sinha For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-03-2024 Heard learned counsel appearing on behalf of the parties.
2.
The petitioners seek bail in connection with Begusarai Mufassil P.S. Case No.500 of 2023 registered for the offence under Sections 25(1-B)a, (1a), (1b), 26, 35 of the Arms Act.
3.
Allegation against this petitioners is to have engaged in preparation of illegal firearms and during search semi prepared barrels, drilling pin, hammer, iron rod and other articles were recovered.
4.
Learned counsel appearing on behalf of the petitioners has submitted that petitioners have falsely been implicated in the present case. It is submitted that alleged
Patna High Court CR. MISC. No.19595 of 2024(2) dt.22-03-2024 2/3 recovery has not been made from conscious physical possession of these petitioners and they have no concern with the alleged recovery and place of recovery. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that similarly situated co-accused person has already been granted bail by this Court through Cr. Misc. No.83281 of 2023 on 04.03.2024. It is further submitted that petitioners are a man of clean antecedent and they are in custody since 26.08.2023.
5.
Learned APP appearing for the State, opposes the prayer for bail of the petitioners. 6.
Considering the facts and circumstances and submissions made on behalf of the petitioners, let both the petitioners, above named, are directed to be released on bail, after framing of the charge, in connection with Begusarai Mufassil P.S. Case No.500 of 2023 on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai.
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
Patna High Court CR. MISC. No.19595 of 2024(2) dt.22-03-2024 3/3 this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioners shall be released on bail on furnishing bail bond with further condition that the petitioners 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) Mayank/- U