Raman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27768 of 2024 Arising Out of PS. Case No.-195 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

Raman Kumar S/O PInku Kumar Singh @ PInku Kumar R/O Vill. and P.O - Manjhoul (Purbi Tola), P.S Cheria Bariyarpur (Manjhaul O.P) Distt. - Begusarai 2.

Rajneesh Kumar @ Rajnish Kumar S/O Pinku Kumar Singh @ Pinku Kumar R/O Vill. and P.O - Manjhoul (Purbi Tola), P.S Cheria Baraiarpur (Manjahul O.P) Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kashyap, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioners seek bail in connection with Cheria Bariyarpur (Manjhoul) P.S. case No. 195 of 2023 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per the F.I.R., one country-made pistol has been recovered from petitioner no.1 whereas two live cartridges have been recovered from petitioner no.2.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.27768 of 2024(2) dt.19-04-2024 2/3 possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. Charge-sheet has been submitted in this case. Similarly situated co-accused person has already been granted bail by this Court vide order dated 13.03.2024 passed in Cr. Misc. No. 16780 of 2024. It has been submitted on behalf of the petitioners that the petitioners are in custody since 12.07.2023. Petitioner no.1 has two criminal antecedents whereas petitioner no.2 has four criminal antecedents and both the petitioners are on bail in all the cases pending against them.

5. Learned A.P.P. 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 as also 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/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Cheria Bariyarpur (Manjhoul) P.S. case No. 195 of 2023 subject to the following conditions:

(I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.27768 of 2024(2) dt.19-04-2024 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date 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.

(III) 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.

(Rudra Prakash Mishra, J) Alok Verma/- U T