Shashank Raj @ Jonson Maurya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47043 of 2025 Arising Out of PS. Case No.-291 Year-2024 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Shashank Raj @ Jonson Maurya S/O Lakshman Bhagat, Resident of MohallaKrishna Toli, Brahampura, P/S- Brahampura, District- Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Adv.
For the State :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-07-2025
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Brahampura P.S. Case No. 291 of 2024 dated 22.11.2024 registered for the offences punishable under Sections 310(4), 310(5) and 3(5) of the B.N.S. and Sections 25(1B)(a), 26, 35 of the Arms Act and Sections 30(a) and 37 of the Bihar Prohibition and Excise Act.
3. The main submissions advanced by the petitioner's counsel are that this is the second attempt of the petitioner to get the relief of bail and the fresh grounds for renewing his prayer are that he has been in custody for about 8 months, in fact, the petitioner has been falsely roped in connection with the alleged recovery of firearms on account of his father's political background, though there are seven criminal cases in
Patna High Court CR. MISC. No.47043 of 2025(2) dt.11-07-2025 2/3 addition to the present case but the petitioner has been granted bail in all these cases of antecedents. It is further submitted that the petitioner's trial has started after framing of the charges upon him on 13.05.2025, most of the material witnesses of the prosecution are police personnel, so, there is no likelihood of tampering with the prosecution witnesses by the petitioner, after his release on bail
4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.
5. Heard both the sides and perused the relevant materials. Though, the petitioner is an accused in connection with the recovery of firearms and has also remained accused in several other cases however considering his young age as he is stated to be 22 year old person and commencement of his trial, this court is now inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Brahampura P.S. Case No. 291 of 2024 with following conditions:- (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the trial court and shall remain physically present as directed by the trial court and on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.47043 of 2025(2) dt.11-07-2025 3/3 reason, his bail bond shall be cancelled by the trial court.
(ii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iii) One of the bailors shall be a close relative of the petitioner who has sworn affidavit in this miscellaneous petition.
(iv) Petitioner will give the details of his present residing place before the trial court at the time of submission of his bail bond with the details of police station under whose jurisdiction his present residing place falls.
(v) The petitioner shall mark his attendance at the concerned police station under whose jurisdiction his present residing place falls after every two weeks, if he fails to comply with this condition then the S.H.O. of concerned police station shall immediately inform the trial court, if any petitioner's further involvement in subsequent crime is found then such conduct will also be informed to the trial court by the S.H.O. of the said police station and thereafter, the learned trial court shall take strict action against the petitioner after giving sufficient opportunity of hearing to the petitioner by cancelling his bail bond and taking him in custody. It is clarified that the above mentioned conditions will remain in force during the trial period of the petitioner in connection with the present matter.
6. Let the order's copy be sent to the concerned Superintendent of Police for needful action and compliance. (Shailendra Singh, J) Rajiv/- U T