Ramesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27906 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- MIRGANJ District- Gopalganj ====================================================== Ramesh Sah S/o Late Prahlad Sah R/o Vill- Singha, P.S.- Mirganj, DistrictGopalganj ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Priya Raj, Advocate Mr. Sandeep Kumar Mandal, Advocate For the Opposite Party/s :
Ms. Madhuri Lata, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of Arms Act.
3. As per the prosecution case, on secret information that Ramesh Sah (petitioner) was residing at his sister's house, the police conducted a raid and arrested him. On search, a country-made pistol and three live cartridges were recovered.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated and no such recovery as alleged has been made from his conscious possession. It has next been submitted that there is no independent witness in the case. It has next been submitted that the petitioner has merely been implicated because he carries criminal antecedents of five cases,
Patna High Court CR. MISC. No.27906 of 2025(3) dt.15-07-2025 2/3 however, he is in custody since 02.01.2025 in the present case.
5. The learned A.P.P. has vehemently opposed the prayer for bail.
6. Considering the aforesaid submissions, made by the parties and taking account the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection Mirganj P.S. Case No. 2 of 2025, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative and the other shall be local resident. (ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner.
Patna High Court CR. MISC. No.27906 of 2025(3) dt.15-07-2025 3/3 However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.
(vi) In view of the antecedent of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Gopalganj within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned, order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for bail is allowed. (Sourendra Pandey, J) Siwani/- U T