Kanhiya Ram @ Kanhaiya Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27611 of 2024 Arising Out of PS. Case No.-554 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.
Kanhiya Ram @ Kanhaiya Ram Son of Late Mukhdev Ram R/V - Jaso, P.S.- Buxar (M), dist.- Buxar 2.
Prem Sagar Ram Son of Kanhiya Ram R/V - Jaso, P.S.- Buxar (M), dist.- Buxar ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dimpal Kumari, Adv.
For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody in connection with Buxar (Muffasil) P.S Case No. 554 of 2023 registered for the offences punishable under Sections 25(1-B), 26, 35 of Arms Act.
3. As per prosecution case, one country made pistol recovered from the conscious pessession of the petitioner no 1.
4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case.
Patna High Court CR. MISC. No.27611 of 2024(2) dt.20-04-2024 2/3 It is further submitted that has got no criminal antecedent as stated in para 3 of the bail petition. It is also submitted that petitioners are in judicial custody since 29.12.2023.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioners.
6. On perusal of the FIR, impugned order and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioners, let the above named petitioners be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M Buxar in connection with Buxar (Muffasil) P.S Case No. 554 of 2023.
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioners shall
Patna High Court CR. MISC. No.27611 of 2024(2) dt.20-04-2024 3/3 be released on bail on the above conditions and they shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) Mayank/- U T