Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38939 of 2025 Arising Out of PS. Case No.-528 Year-2024 Thana- KANTI District- Muzaffarpur ====================================================== Dhiraj Kumar S/o Hiralal Sahni R/o Village- Kanti Kothiya, P.S.- Kanti, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar, Advocate Mr. Kumar Gaurav, Advocate Mr. Prabhau Murli Manohar Pd., Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Kanti P.S. Case No. 528 of 2024 registered for the alleged offences under Sections 25(1-b)a, 26 of the Arms Act.

03. As per prosecution case, at the instance of the petitioner, who was apprehended in connection with some other case, recovery of a pistol with empty magazine was made.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No recovery has been made from the petitioner or at his instance. For the same and similar allegation, two cases have been lodged against this petitioner, who is in custody since 30.09.2024. Charge-sheet has been submitted.

Patna High Court CR. MISC. No.38939 of 2025(2) dt.25-06-2025 2/2

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

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Muzaffarpur (West)/court concerned in connection with Kanti P.S. Case No. 528 of 2024, 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 petitioner.

(ii) The petitioner 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 petitioner will be liable to be cancelled by the court concerned.

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