Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12462 of 2025 Arising Out of PS. Case No.-362 Year-2024 Thana- BELHAR District- Banka ====================================================== Prince Kumar S/O Parmanand Pandit R/O Village- Ranga, P.S- Belhar, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Belhar P.S. Case No. 362 of 2024 registered for the alleged offences under Section 25(1-b)a, 26, 35 of the Arms Act.

03. As per prosecution case, at the instance of the petitioner, who is an accused in Belhar P.S. Case No. 359 of 2024, the police recovered a number of stolen ornaments, country made Katta and two live cartridges from the bamboo clump of one Anil Pandit.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. From the FIR itself, it appears that the recovery has been

Patna High Court CR. MISC. No.12462 of 2025(2) dt.07-03-2025 2/3 made from an open place thought it is stated to be recovered at the instance of the petitioner but the petitioner was not caught with the seized articles. Learned counsel further submits that the petitioner has already been arrested in Belhar P.S. Case No. 359 of 2024 and in the present case, he is in custody since 28.11.2024 and charge-sheet has been submitted.

05. Learned APP for the State opposes the prayer for bail. Learned APP submits that the petitioner has concealed the stolen articles and also illegal firearms and ammunition in a bamboo clump and at his instance, the said articles were recovered.

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, Banka in connection with Belhar P.S. Case No. 362 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

Patna High Court CR. MISC. No.12462 of 2025(2) dt.07-03-2025 3/3 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 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