Patna High CourtCR. MISC./35625/2024bail granted

Bambam Kumar v. The State Of Bihar

2024-05-20Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35625 of 2024 Arising Out of PS. Case No.-948 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== Bambam Kumar S/O Madhusudan Yadav R/O - Roghopur (Tikker), P.S.- Madhusudanpur, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State. 2.

The petitioner seeks bail in a case registered for the offence under Sections 25(1-B)/a/26/35 of the Arms Act.

3. As per the prosecution case, it is a case of recovery of one loaded country made pistol from the possession of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case. He next submits that there is no recovery from the conscious possession of the petitioner and no independent witness of seizure list and petitioner has got clean antecedent and he is in custody since 16.11.2023.

Patna High Court CR. MISC. No.35625 of 2024(2) dt.20-05-2024 2/2 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and period of custody of the petitioner, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with Nathnagar P.S. Case No. 948 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhagalpur.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner has to present physically on each and every date before the Trial Court till conclusion of the trial. (Ramesh Chand Malviya, J) Brajesh Kumar/Vinayak U T