Shambhu Ram @ Shambhu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18889 of 2024 Arising Out of PS. Case No.-494 Year-2023 Thana- KARAHGAR District- Rohtas ====================================================== Shambhu Ram @ Shambhu Kumar, Male, aged about 25 years, SON OF Suresh Ram RESIDENT OF VILLAGE -PATHALPURA POLICE STATION -KARAGAHAR DISTRICT- ROHTAS AT SASARAM ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghunandan Kumar Singh For the Opposite Party/s :
Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-03-2024 Heard learned counsel appearing on behalf of the parties.
2.
The petitioner seeks bail in connection with Kargahar P.S. Case No.494 of 2023 registered for the offence under Sections 25(1-b)a of the Arms Act.
3.
As per FIR, there is recovery of one country made pistol and one live cartridge from the possession of the petitioner.
4.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been
Patna High Court CR. MISC. No.18889 of 2024(2) dt.21-03-2024 2/3 implicated in the present case, where, he was not arrest on spot. It is submitted that nothing has been recovered from the conscious physical possession of this petitioner. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 25.12.2023.
5.
Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.
Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Kargahar P.S. Case No.494 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 Additional Chief Judicial Magistrate-IV, Rohtas at Sasaram.
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
Patna High Court CR. MISC. No.18889 of 2024(2) dt.21-03-2024 3/3 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) S.Katyayan/- U T