Dabloo @Dablu @ Dabla Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26576 of 2024 Arising Out of PS. Case No.-873 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Dabloo @ Dablu @ Dabla Raut, aged about 30 years, Gender-Male, Son of Chhote Mestar @ Chhote Lal Mestar @ Chhote Lal Raut @ Chhote Raut, Resident of Village- Ring Bandh Mirchaipatti @ ward no. 5, Janki Asthan Chakmahila, P.S. -Sitamarhi, District -Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 873 of 2023 instituted for the offences punishable under Sections 25(i) A A, 25(1-b) (A) and 26 of the Arms Act.

3. As per the prosecution case, one loaded country made pistol and two live cartridges were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.26576 of 2024(2) dt.16-04-2024 2/3 falsely been implicated in this case due to dirty village politics. Nothing has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 22.11.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Additional Sessions Judge-XV, Sitamarhi dated 06.02.2024, it appears that petitioner is named in the FIR. He has been made accused only on the basis of dirty village politics. Considering all aspects of the matter and period of custody, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi / Competent Jurisdiction in connection with Sitamarhi P.S. Case No. 873 of 2023.

7. 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 petitioner shall be released on bail on above conditions and further the petitioner shall be

Patna High Court CR. MISC. No.26576 of 2024(2) dt.16-04-2024 3/3 present before the trial Court till conclusion of proceeding of trial.

(Ramesh Chand Malviya, J) Anand Kr.

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