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Patna High CourtCR. MISC./34693/2025bail granted

Sanjay Ram v. The State Of Bihar

2025-06-04Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34693 of 2025 Arising Out of PS. Case No.-98 Year-2022 Thana- BHARGAMA District- Araria ====================================================== Sanjay Ram S/o Parmeshwari Ram R/o Vill.- Naya Bhargama, PS- Bhargama, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-06-2025 No one appears on behalf of the petitioner. However, learned APP for the State is present.

2. It appears from the record that the present criminal miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of regular bail to the petitioner who is in custody in connection with Bhargama P.S. Case No. 98 of 2022, lodged on 10.05.2022, under Section 394 of the I.P.C. and section 27 of the Arms Act.

3. The prosecution case as per FIR is that the informant being the Head Officer of Financial Bank was returning after collection of Rs.62,866/-. The petitioner was continuously calling the informant on his mobile phone to disclose the location of the mobile phone. In the meantime,

Patna High Court CR. MISC. No.34693 of 2025(2) dt.04-06-2025 2/3 three unknown persons have stopped the informant and started firing due to which the informant sustained injury, thereafter, they have snatched cash, mobile, Aadhar Card, Driving License, owner book from the informant. It has been alleged that about the location it is the petitioner who is the only person who was aware that where the informant was and hence, the present case has been filed against the petitioner.

4. It has been pleaded in the bail petition that the petitioner is innocent and has committed no offence and he has falsely been implicated in this case merely on the basis of suspicion. Counsel further submits that nothing was recovered from the possession of the petitioner and he is in custody since 18.02.2025.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the material has come against the petitioner during investigation and prosecution case has been found true. He has also disclosed that the antecedent of the petitioner is not clean, there are four criminal cases pending against the petitioner.

6. In the present facts and circumstances of this case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

Patna High Court CR. MISC. No.34693 of 2025(2) dt.04-06-2025 3/3 mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned Judicial Magistrate, 1st Class, Araria, in connection with Bhargama P.S. Case No. 98 of 2022, subject to the conditions as laid down U/s 480(3) of the BNSS, 2023, with further condition that :- (i) the Trial Court is directed to release the petitioner on bail only after framing of charge as well as on being satisfied that petitioner is not absconding in anyone of the cases pending against him, namely, (I) Bhargama P.S. Case No.104 of 2015, (II) Bhargama P.S. Case No.31 of 2020 (III) Complaint Case No.2077 of 2015 and (IV) Complaint Case No.1281 of 2015. (Dr. Anshuman, J) mdrashid/- U T