Hariom Kumar @ Disil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24922 of 2025 Arising Out of PS. Case No.-514 Year-2024 Thana- BETTIAH CITY District- West Champaran ====================================================== Hariom Kumar @ Disil, aged about 27 years, Gender-Male, S/O Shiv Mahto, R/O Ward No. 2, Hajma Tola, Police Station- Banuchapar, Dist.- West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ramakant Sharma, Sr. Advocate and Mr.

Rakesh Kumar Sharma, Advocate For the Opposite Party :

Mr. Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-07-2025 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bettiah Town P.S. Case No. 514 of 2024 dated 16.11.2024 registered for the offences punishable under Sections 310(4), 310(5), 317(2) of the B.N.S. and Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, police apprehended four persons including the petitioner who assembled in the south-west corner of the Ramna Maidan for committing loot and on search, one automatic loaded pistol of 9 M.M. alongwith four live cartridges were recovered from the possession of the petitioner and also firearms and one motorcycle were recovered

Patna High Court CR. MISC. No.24922 of 2025(2) dt.01-07-2025 2/3 from the other apprehended co-accused persons. One of the apprehended co-accused persons, namely, Rabindra Kumar, disclosed that the co-accused Ritik Kumar @ Ritesh Kumar after seeing the police, fled away from the place of occurrence.

4. Learned senior counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there is no independent witness and the police personnel were made on search and seizure memo who are highly interested witnesses with the prosecution. It is further submitted that so far as seizure of motorcycle is concerned, it is not clear that from whose possession, the motorcycle in question was recovered. The charge sheet has been submitted in the present case and also charges have also been framed against the petitioner. It is submitted that the other co-accused person, namely, Ritik Raj @ Ritik @ Ritesh Kumar, has already been granted bail by a Bench of this Court in Cr. Misc. No. 14056 of 2025 vide order dated 21.03.2025. The petitioner has five criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 29.11.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Patna High Court CR. MISC. No.24922 of 2025(2) dt.01-07-2025 3/3

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, West Champaran, Bettiah in connection with Sessions Case No. 133 of 2025, arising out of Bettiah Town P.S. Case No. 514 of 2024 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T