Sohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33924 of 2025 Arising Out of PS. Case No.-55 Year-2025 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

Sohan Singh S/O Ramesh Singh R/O Village- Laxmanpur, P.S- Ara Mufassil, Distt.- Bhojpur.

2.

Ranjan Singh S/O Kamendra Singh R/O Village- Laxmanpur, P.S- Ara Mufassil, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

02. In the present case, the petitioners seek bail in connection with Gaya Mufassil P.S. Case No. 55 of 2025 registered for the alleged offences under Sections 310(4), 310(5), 61(2) of Bharatiya Nyaya Sanhita, 2023 and Section 25(1-b)(a), 26, 35 of the Arms Act.

03. As per prosecution case, police received information about some miscreants making plan for committing dacoity in a jewelry shop. A raid was conducted at the identified place and five persons were found in assembly and three of them fled away on seeing the police party and two persons were

Patna High Court CR. MISC. No.33924 of 2025(3) dt.04-09-2025 2/3 apprehended, who are the petitioners of the present case. From the possession of petitioner-Sohan Singh, recovery of a country made pistol with three live cartridges, mobile phone, driving license of one Abhishek Kumar, owner book of vehicle of one Chandan Kumar, Aadhar Cards of Abhishek Kumar and Ritesh Kumar was made. The motorcycle was also seized. From the petitioner-Ranjan Kumar, a country made katta with one live cartridge was recovered apart from other articles.

04. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. No occurrence as alleged has ever taken place. The petitioners are cousin and they went to Gaya to visit their sister's house. On suspicion, the police apprehended them and shown recovery of seized articles from there. In fact, nothing incriminating has been recovered from the person or possession of these petitioners. The allegedly seized articles were left by the persons who fled away from the spot. Charge sheet has been submitted and cognizance has already been taken by the learned trial court. The petitioners are having clean antecedent. The petitioners are in custody since 22.01.2025.

05. Learned APP for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.33924 of 2025(3) dt.04-09-2025 3/3

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioners along with submission of charge-sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya/court concerned in connection with Gaya Mufassil P.S. Case No. 55 of 2025 subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioners.

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

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

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