Prem Sagar Kumar @ Prem Sagar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17928 of 2025 Arising Out of PS. Case No.-294 Year-2024 Thana- MURLIGANJ District- Madhepura ====================================================== Prem Sagar Kumar @ Prem Sagar Son of Molchandra Mandal @ Mulchand Mandal @ Birchand Kumar Resident of Village - Gangapur, Ward No.- 6, P.S.- Murliganj, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Murliganj P.S. Case No. 294 of 2024 instituted for the offences under Sections 414/34 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act.

3. As per prosecution case, on the basis of secret information, police raided the place of occurrence and apprehended two persons including the petitioner. It is further alleged that one country-made pistol and one live cartridge has been recovered from this petitioner whereas one android mobile phone, cash amounting to Rs. 2500/- has been recovered from co-accused Ashutosh Anand. It is further alleged that one Bajaj

Patna High Court CR. MISC. No.17928 of 2025(2) dt.19-03-2025 2/3 Pulsar motorcycle has also been recovered from the accused persons.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of suspicion. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is neither concerned with the recovered arms and ammunitions nor with the motorcycle in question. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.06.2024 and has two criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 27.02.2025 passed in Cr. Misc. No. 86619 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.17928 of 2025(2) dt.19-03-2025 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Murliganj P.S. Case No. 294 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T