Ravi Bhushan Kumar @ Ravi Bhshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48178 of 2024 Arising Out of PS. Case No.-115 Year-2024 Thana- BHARGAMA District- Araria ====================================================== Ravi Bhushan Kumar @ Ravi Bhshan Kumar S/O Late Devendra Kumar R/O Village- Maujaha Ward No. 02, P.S- Bhargama, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Ziaul Quamar, Adv.

For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bhargama P.S. Case No. 115 of 2024 instituted for the offences under Sections 25(1-b)a, 26 of the Arms Act.

3. As per prosecution case, on receipt of secret information, the police recovered one pistol with the word Made in USA written on its body, 16 pieces of live cartridges with the word 7.65 KF written in it and a mobile of Vivo company from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case

Patna High Court CR. MISC. No.48178 of 2024(2) dt.10-07-2024 2/3 due to village politics and enmity with the police. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence or the seized articles. The petitioner has no criminal antecedent and is languishing in judicial custody since 24.04.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Bhargama P.S. Case No. 115 of 2024, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the

Patna High Court CR. MISC. No.48178 of 2024(2) dt.10-07-2024 3/3 Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T