Pritam Kumar @ Ghutra @ Ghutro @ Ghutrs v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17525 of 2025 Arising Out of PS. Case No.-373 Year-2024 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Pritam Kumar @ Ghutra @ Ghutro @ Ghutrs S/O Rajeev Singh @ Rajeev Kumar Singh @ Rajeev @ Rajo Singh R/O Village- Hanumangadhi (Hanumangarhi), Ward No. 45, Mohan Eghu P.S. Muffasil, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 373 of 2024, instituted for the offences punishable under Section 317(4) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B)(a) and 26 of the Arms Act.

3. The prosecution case, in short, is that, there is recovery of one country made pistol along with two live cartridges and one stolen motorcycle from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.17525 of 2025(2) dt.24-03-2025 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner has got no concern with the alleged recovery of arms. The petitioner was a passerby of that way and he was arrested by the police on the basis of suspicion. The petitioner is in custody since 22.10.2024 and has got five criminal antecedents in which he has been acquitted in four cases. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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 and taking into account 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 after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil P.S. Case No. 373 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.17525 of 2025(2) dt.24-03-2025 3/3 (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) Rajorshi/- U T