Raju Kumar @ Raja Kumar @ Raja Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15603 of 2024 Arising Out of PS. Case No.-267 Year-2023 Thana- NAYA RAM NAGAR District- Munger ====================================================== Raju Kumar @ Raja Kumar @ Raja Yadav Son of Late Sintu Yadav Village Singhiya, PS Naya Ram Nagar, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha For the Opposite Party/s :

Mr. Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Naya Ram Nagar (Safiya Sarai) P.S Case No. 267 of 2023 registered for the offences punishable under Sections 25(1-b)a, 26(i)(ii) of the Arms Act.

3. As per prosecution case, one country made pistol, one live cartridge and one empty cartridge was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that on perusal of the seizure list

Patna High Court CR. MISC. No.15603 of 2024(2) dt.12-03-2024 2/3 there is no independent witness. It is also submitted that petitioner is in judicial custody since 20.10.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M 1st , Munger in connection with Naya Ram Nagar (Safiya Sarai) P.S Case No. 267 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall

Patna High Court CR. MISC. No.15603 of 2024(2) dt.12-03-2024 3/3 be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge. Further, if the petitioner shall not appear before the learned trial court for two consecutive dates without valid reason, the bail bonds of the petitioner shall be cancelled by the learned Trial Court itself. (Ramesh Chand Malviya, J) Mayank/- U T