Raman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26640 of 2022 Arising Out of PS. Case No.-29 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Raman Kumar, Son of Nandlal Sah, Resident of Village - Damodarpur, P.S. Kanti, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Advocate For the Opposite Party/s :

Mrs.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Kanti P.S. Case No. 29 of 2022 registered for the alleged offences under Sections 25(1-b)a and 26 of the Arms Act As per prosecution case, recovery of country made pistol along with two live cartridges and a mobile phone were made from the petitioner.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.26640 of 2022(2) dt.23-08-2022 2/3 case. Nothing incriminating has been recovered from his conscious possession. The petitioner is in custody since 11.01.2022 and charge-sheet has been submitted in this case. Learned APP opposes the prayer for bail submitting that the petitioner is a habitual offender and he is made accused in five such cases.

Having regard to the facts and circumstances and considering the submission of charge-sheet in this case and the period of his custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class West Muzaffarpur in connection with Kanti P.S. Case No. 29 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions : (i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed. (ii) One of the bailors will be the deponent, who has sworn the affidavit.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of

Patna High Court CR. MISC. No.26640 of 2022(2) dt.23-08-2022 3/3 the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T