Sanjay Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19212 of 2025 Arising Out of PS. Case No.-334 Year-2024 Thana- RAGHOPUR District- Supaul ====================================================== 1.

Sanjay Sardar S/o- Bindeshwari Sardar Village- Jeetpur ward no 2 PsShankarpur District-Madhepura 2.

Rohit Sardar @ Rohit Kumar S/o- Sanjay Sardar Village- Jeetpur ward no 2 Ps- Shankarpur District-Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Adv.

For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Raghopur P.S. Case No. 334 of 2024, instituted for the offences punishable under Sections 310(4), 310(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, on secret information, the police raided the place of occurrence and arrested five accused persons including the petitioners. It is further alleged that two bullets have been recovered from the petitioner no.1 whereas 12 arrows were recovered from the

Patna High Court CR. MISC. No.19212 of 2025(3) dt.02-07-2025 2/3 possession of petitioner no.2

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case due to dirty village politics. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners were not present at the place of occurrence where recovery has been shown in the seizure list. The petitioners are father and son and having been arrested in the case merely on the basis of suspicion. Learned counsel for the petitioners also submits that the petitioners have got no concern with the alleged recovery of arms. The petitioners are in custody since 18.09.2024. The petitioner no.1 has no criminal antecedent whereas petitioner no.2 has one in which he is on bail. He further submits that the co-accused Subhash Singh has already been granted bail by this Court vide order dated 09.04.2025 passed in Cr. Misc. No. 19570 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail

Patna High Court CR. MISC. No.19212 of 2025(3) dt.02-07-2025 3/3 to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Raghopur P.S. Case No. 334 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T