Radheshyam Kumar @ Bholu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23364 of 2025 Arising Out of PS. Case No.-98 Year-2024 Thana- BANDEYA District- Aurangabad ====================================================== 1.
Radheshyam Kumar @ Bholu S/O Samendra Bind @ Samindra Bind @ Samindar Bind R/O Village- Shekhpura, P.S- Bandya, Distt.- Aurangabad. 2.
Samendra Bind @ Samindra Bind @ Samindar Bind S/O Antu Bind R/O Village- Shekhpura, P.S- Bandya, Distt.- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh For the Opposite Party/s :
Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 28-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bandya P.S. Case No. 98 of 2024 registered for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution story, the informant being a police official has alleged that on 01.12.2024 he got secret information that one Samendra Bind has kept illegal arms in his house. On this information, a raid was conducted in his house consequently, one 'Three-nut', one country made 'Katta' and several live cartridges were recovered from his house.
Patna High Court CR. MISC. No.23364 of 2025(2) dt.28-04-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in this case due to oblique reason. As per the F.I.R. allegation of recovery of illegal arms has been made from the house of the petitioners during the raid conducted based on secret information. Police made seizure list at 10:07 P.M. but they reached at the place of occurrence at 10:05 P.M. which is impossible and it is totally a false fact created by the police officials and that is the reason they could not find any independent witness or any one from the family of the petitioners for giving them copy of the seizure list. The antecedent of the petitioner is clean and they are in custody since 01.12.2024 and 17.12.2024 respectively.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering the period under custody, 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 learned Sub-Divisional Judicial Magistrate, Daudnagar in connection with Bandya P.S. Case No. 98 of 2024 subject to the following conditions :-
Patna High Court CR. MISC. No.23364 of 2025(2) dt.28-04-2025 3/3 (i). He will remain physically present on each and every date in the Trial Court till the disposal of this case. (ii). One of the bailor will be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T