Dilip Kumar @ Raju @ Dilip Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27798 of 2025 Arising Out of PS. Case No.-291 Year-2024 Thana- PIRO District- Bhojpur ====================================================== Dilip Kumar @ Raju @ Dilip Kumar Singh S/O Indradeo Singh R/O VillageHankar, Ps- Piro, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Piro P.S. Case No. 291 of 2024 instituted for the offence under Sections 25(1-B)a & 26 of the Arms Act. Earlier vide order dated 21-11-2024, passed in Cr. Misc. No. 71915 of 2024, regular bail of the petitioner was rejected.

3.

The prosecution case in short is that there is recovery of one pistol, two magazine containing 10 live cartridges, one gun and total 31 live cartridges including 28 bullets and cash of Rs. 7,06,850/- along with other articles have been recovered from the house of the petitioner. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.27798 of 2025(2) dt.29-04-2025 2/3 that the petitioner is in custody since 09-07-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that recovery was made from the joint house of the petitioner, where other family members also resides. No recovery was made from the conscious possession of the petitioner. Learned counsel for the petitioner submits that charge sheet is submitted in this case and on 06-01-2025, cognizance is also taken. There is no likelihood of the trial being concluded in the near future. Learned counsel for the petitioner goes on to submit that there is no compliance of Section 100 of the Cr. P.C.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.27798 of 2025(2) dt.29-04-2025 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Piro P.S. Case No. 291 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of 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.

(Rudra Prakash Mishra, J) Raj Kishore/- U T