Ravi Shankar Mishra @ Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36860 of 2025 Arising Out of PS. Case No.-741 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Ravi Shankar Mishra @ Pandit S/O Late Suresh Mishra Resident of VillageMajhauli, Police Station-Bidupur in the District of Vaishali. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mrs.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. The accused/petitioner seeks bail in connection with Bidupur P.S. Case No. 741 of 2024 registered for the offences under Sections 317(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.') and section 25(1-b)a, 26, 35 of the Arms Act.

3. The accused/petitioner is named in the First Information Report and is in custody since 19.11.2024.

4. Allegation against the petitioner is to have in possession of one country made pistol with one stolen motorcycle.

5. It is submitted by learned counsel appearing on

Patna High Court CR. MISC. No.36860 of 2025(2) dt.13-08-2025 2/3 behalf of the petitioner that recovery of country made pistol and stolen motorcycle not appears to be made from conscious physical possession of this petitioner. It is pointed out that reason for implication of the petitioner with the present case is out of suspicion arising from criminal antecedent also, as he found involved in ten more criminal cases, wherein he is on bail.

6. While concluding argument, it is submitted that investigation of this case is already completed, charge-sheet has been submitted and as such, there is no chance of tampering with the evidence.

7. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

8. Considering the facts and circumstances as mentioned above and by taking note of the fact as recovery of fire-arm and stolen motorcycle prima facie not appears to be made from conscious physical possession of this petitioner, coupled with the fact that petitioner remains in custody since 19.11.2024, where investigation of this case is already completed, accordingly, above-named petitioner is directed to

Patna High Court CR. MISC. No.36860 of 2025(2) dt.13-08-2025 3/3 be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 741 of 2024, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S") with further condition that:

(I) Petitioner shall not indulge in similar nature of case till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(Chandra Shekhar Jha, J) Rajeev/- U T