Ranjeet Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19930 of 2023 Arising Out of PS. Case No.-322 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Ranjeet Kumar @ Chhotu (Male), aged about 21 years, son of Ram Udarath Yadav @ Udarath Ray, resident of village- Fateha Salemnpur, P.S.- Bachhwara and District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No.2, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Bachhwara PS Case No.322 of 2022 dated 12.12.2022, instituted for the offence punishable under Sections 25(1-B)a, 26 of the Arms Act.

3. The allegation against the petitioner is that his photo went viral on social media in which he was seen with illegal arms and Chhotu Sarkar, Chhotu Dada were written over the photo. Upon this, the police raided the house of the petitioner. The petitioner tried to run away from his room but he was caught and from his room four countrymade pistols and 26 cartridges were recovered.

Patna High Court CR. MISC. No.19930 of 2023(2) dt.22-05-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated and he has been made only on the basis of his photo in the social media. Further, it is submitted that the seizure list has not been prepared in accordance with law and one criminal case is pending against the petitioner.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to enlarge the petitioner on bail for the present.

7. Accordingly, prayer of the petitioner for grant of bail is rejected at this stage.

8. However, the trial Court shall release the petitioner on bail after framing of Charge in the case on the sureties to be fixed by the Court below itself subject to the following conditions (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the

Patna High Court CR. MISC. No.19930 of 2023(2) dt.22-05-2023 3/3 court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, and (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) J. Alam/- U T