Banty Kumar @ Banty Rider @ Banty Writer v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30024 of 2025 Arising Out of PS. Case No.-241 Year-2024 Thana- GAYA RAIL P.S. District- Gaya ====================================================== Banty Kumar @ Banty Rider @ Banty Writer S/o Late Butta Manjhi @ Manish Manjhi R/o Village- Andar Bairagi, Ward no 10, PS- Delha, Distt.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :
Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Railway Patna Gaya G.R.P.S. Case No. 241 of 2024, instituted for the offences punishable under Sections 310(4), 310(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. The prosecution case, in short, is that, during Pitri Paksha Mela, the police received information about a planned robbery in Gaya railway yard. Upon reaching the location, they apprehended four suspects while one fled away and also recovered illegal weapons including country made pistols, live cartridges, iron punch and a knife from the possession of accused persons.
Patna High Court CR. MISC. No.30024 of 2025(2) dt.05-05-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not arrested on the spot, rather he was arrested by the police during course of running. It is alleged that only one knife has been recovered from the possession of the petitioner but the petitioner has got no concern with the alleged recovery of that knife. The petitioner is in custody since 15.01.2025 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 19.02.2025 passed in Cr. Misc. No. 8818 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
Patna High Court CR. MISC. No.30024 of 2025(2) dt.05-05-2025 3/3 bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Railway Patna Gaya G.R.P.S. Case No. 241 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T