Md. Kalam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16413 of 2025 Arising Out of PS. Case No.-372 Year-2024 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Md. Kalam Son of Nadir Miyan R/O Village - Heyatpur, P.S.- G.B. Nagar, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 18859 of 2025 Arising Out of PS. Case No.-372 Year-2024 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Niranjan Chaurasiya @ Niranjan Chaurasia Son of Suresh Chaurasiya Resident of Village- Sani Basantpur, P.S.- Goreyakothi, Distt.- Siwan, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 24599 of 2025 Arising Out of PS. Case No.-372 Year-2024 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Kanchan Prasad @ Kanchan Kumar Prasad Son of Late Raghunath Prasad Resident of Village - Sani Basantpur, P.S. - G.B. Nagar, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 16413 of 2025) For the Petitioner/s :
Mr. Ajay Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Md. Shakir Ahmad, APP (In CRIMINAL MISCELLANEOUS No. 18859 of 2025) For the Petitioner/s :
Mr. Prashant Kumar, Adv.
For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP (In CRIMINAL MISCELLANEOUS No. 24599 of 2025) For the Petitioner/s :
Mr .Bijay Prakash Singh, Adv.
For the Opposite Party/s :
Mr. Ram Naresh Ray, APP
Patna High Court CR. MISC. No.16413 of 2025(3) dt.15-05-2025 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 15-05-2025 All the applications preferred by the petitioners herein arises out of G.B. Nagar P.S. Case No. 372 of 2024. Therefore, all the applications are decided by this common order.
3. Heard learned counsel for the petitioners as well as the counsels appearing for the respondent-State.
4. It is the first regular bail application submitted by the petitioners who have been arrested in connection with G.B. Nagar P.S. Case No. 372 of 2024 for the alleged offences punishable under Section 111, 310(4), 310(5) of the Bharatiya Nyaya Sanhita 25(1-b) (a), 26 & 35 of the Arms Act and 8, 20, 21(B), 22 of the N.D.P.S. Act.
3. According to the case of prosecution, on the basis of secret information received from the informant, the police officials on 17.07.2024 reached the spot and conducted raid. At that time all the applicants and some other accused persons were found there, some of them fled away from the spot. On being searched from the possession of Kanchan Prasad 11.02 grams of smack, one country made pistol, two live cartridges were found, from the possession of Md. Kalam 10.45 grams of smack, one country made pistol and one live cartridge was found. Allegedly, from Niranjan Chaurasiya who fled away from the spot nothing incriminating was found.
4. It is submitted by the counsel for the petitioner that the
Patna High Court CR. MISC. No.16413 of 2025(3) dt.15-05-2025 3/3 petitioners herein are innocent and are falsely implicated in this case. He further submits that the seized quantity of smack is below than the commercial quantity. Kanchan Prasad and Md. Kalam were arrested on 18.07.2024 and Niranjan Chaurasiya on 13.08.2024. The charge-sheet has been submitted and trial will take time. Therefore, on these grounds, it is prayed that the petitioners may be granted benefit of regular bail.
5. Learned counsel appearing on behalf of respondentState opposes the prayer of bail.
6. Considering the submission made by the counsels and particularly considering the detention period of the applicants and the quantity of the seized contraband. I am of the view that in this case the present applicants should be granted the benefit of bail. Accordingly, the petitions are allowed. The petitioners are directed to be released on bail in connection with G.B. Nagar P.S. Case No. 372 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties, to the like amount each to the satisfaction of the learned Principal Sessions Judge, Siwan (Arvind Singh Chandel , J) Siddharth Soni/- U T