Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19713 of 2024 Arising Out of PS. Case No.-390 Year-2023 Thana- SONBERSA District- Sitamarhi ====================================================== Ravi Kumar, aged about 20 years, Male, S/o Sikindra Purve R/o vill - Bhutahi, P.S. - Bhutahi, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-03-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail registered for the offence under Section 414 of the Indian Penal Code and Sections 25(1b)a, 26 and 35 of the Arms Act. 3.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case on the basis of suspicion. He next submits that the petitioner is a student and he has no concern with the alleged crime and he is in custody since 28.12.2023.

4.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 5.

On perusal of the first information report, seizure list and impugned order dated 01.02.2024, it appears that one plus branded mobile recovered from the pocket of the

Patna High Court CR. MISC. No.19713 of 2024(2) dt.27-03-2024 2/2 petitioner and also other material recovered from other coaccused persons. No independent witness of seizure list and petitioner is in custody since 28.12.2023, in these circumstances, I am inclined to grant bail to the petitioner. Accordingly, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Sonbarsa P.S. Case No.390 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 Sri Suman Chandra, Judicial Magistrate, Ist Class, Sitamarhi or its successor court. 6.

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 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) Brajesh Kumar/- U T