Rambharos Kumar @ Rambharosi @ Rambharos Kunwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43576 of 2025 Arising Out of PS. Case No.-357 Year-2024 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Rambharos Kumar @ Rambharosi @ Rambharos Kunwar, S/O Late Ramsurat Kunwar, R/O Village- Kaithma, Ward No. 19, PS- Muffasil, DisttBegusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Suruchi Anand, Adv.
For the Opposite Party/s :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-07-2025
1. Heard Ms. Suruchi Anand learned counsel for the petitioner and Mr. Narsingh Tanti, learned APP for the State.
2. The petitioner seeks regular bail in connection with Mufassil P. S. Case No. 357 of 2024, dated 08.10.2024 registered for the offences punishable under Sections 25(1B)(a) and 26 of the Arms Act.
3. The main submissions advanced by the petitioner's counsel are that as per the allegation, only four live cartridges are said to have been recovered from the physical possession of this petitioner but the said allegation is completely false and manufactured by the police, though, the petitioner has criminal antecedents of six cases, however, he has got bail in five
Patna High Court CR. MISC. No.43576 of 2025(3) dt.21-07-2025 2/3 antecedent cases and the allegation made in present matter is not believable as one cannot be presumed to keep bullets or cartridges with his person without any revolver or pistol. It is lastly submitted that the petitioner has been languishing in jail since 09.10.2024.
4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.
5. Heard both the sides, perused the FIR and the learned trial court's order. Though, against this petitioner there are criminal antecedents of six cases, however, considering the nature of allegation which relates to recovery of only four live cartridges from his possession without any projectile (revolver or pistol) and coupled with petitioner's custody period which has been about nine months and also the fact that most of the material prosecution witnesses, who are to be examined in the trial of the petitioner, are police personnel, in my opinion, in the said circumstances, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner named-above, be enlarged on bail in connection with Mufassil P. S. Case No. 357 of 2024 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, on further condition that
Patna High Court CR. MISC. No.43576 of 2025(3) dt.21-07-2025 3/3 the petitioner shall be released after framing of charges, if the charges have not been framed upon him till date. (Shailendra Singh, J) Rajiv/- U T