Umesh Pujhar @ Umesh Pajhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20217 of 2025 Arising Out of PS. Case No.-21 Year-2019 Thana- JAIPUR District- Banka ====================================================== Umesh Pujhar @ Umesh Pajhar S/o Tentu Pujhar Resident of Vill- Raksha, Rarhiya, P.S- Rikhiya (Mohanpur), Distt.- Deoghar (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Jaipur P.S. Case No. 21 of 2019, instituted for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act read with Sections 3/4 of the Explosive Substances Act.
3. The prosecution case, in short, is that, three country made pistols, about 250 grams powder, chocolate bomb, Taikly pataka and nails were recovered from the house of co-accused Bhairo Prasad Yadav.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.20217 of 2025(2) dt.15-04-2025 2/3 the petitioner also submits that no any arms have been recovered from the possession of the petitioner. The allegation levelled against the petitioner is general and omnibus in nature. The petitioner is in custody since 30.12.2021 and has got four criminal antecedents. It is further submitted that similarly situated co-accused has been granted regular bail by a Coordinate Bench of this Court vide order dated 14.12.2020 passed in Cr. Misc. No. 27865 of 2020.
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 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 Jaipur P.S. Case No. 21 of 2019, 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
Patna High Court CR. MISC. No.20217 of 2025(2) dt.15-04-2025 3/3 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