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Patna High CourtCR. MISC./34758/2021bail granted

Raviranjan Kumar @ Raviranjan Kumar Ojha @ Badal v. The State Of Bihar

2022-01-04Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34758 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== RAVIRANJAN KUMAR @ RAVIRANJAN KUMAR OJHA @ BADAL SON OF RAJESHWAR OJHA @ BAJRANGI OJHA R/O VILLAGEMAHNA OJHA TOLA- GUJARWALIYA, WARD NO.-08, P.S.- MAJHAULIYA, DISTRICT- WEST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-01-2022 Heard Mr. Anant Kumar Mishra, learned counsel for the petitioner and Mr. Akhileshwar Dayal learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Majhauliya P.S. Case No. 74 of 2021 registered for the offences punishable under Sections 25(1-b)A and 26 of the Arms Act.

As per the allegation, one loaded country made pistol has been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.34758 of 2021(2) dt.04-01-2022 2/3 petitioner has falsely been implicated in this case by the Police with oblique motive. Learned counsel further submits that from perusal of the seizure list it would be evident that the procedure for search and seizure as prescribed under Section 100 Cr. P.C. has not been followed. He next submits that the petitioner is in custody since 9.2.2021 and charge sheet has already been submitted. With regard to criminal antecedent, the submission is that out of four cases, in two cases, the petitioner has been implicated by his co-sharers and the case under the Arms Act, the petitioner has been granted anticipatory bail because it was lodged against unknown.

Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 9.2.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.34758 of 2021(2) dt.04-01-2022 3/3 Magistrate, Bettiah, West Champaran, in connection with Majhauliya P.S. Case No. 74 of 2021.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T