Dharmendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48297 of 2024 Arising Out of PS. Case No.-3 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== Dharmendra Ram Son Of Chandrika Ram Resident Of Village - Mahadeo Chak, Semariya, P.S. - Koilwar, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Ataul Haque, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, 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.

At the outset, learned counsel for the petitioner is permitted to make necessary correction/s in paragraph No.4 of the bail application.

3.

The petitioner seeks bail in connection with Koilwar P.S. Case No. 03 of 2024 instituted for the offence under Sections 25(1-B), 26 & 35 of the Arms Act. 4.

Prosecution case in a nutshell is that there is recovery of one rifle from the house of the petitioner. 5.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04-01-2024. Petitioner is stated to be man of clean antecedent.

Patna High Court CR. MISC. No.48297 of 2024(2) dt.10-07-2024 2/3 6.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that nothing incriminating has been recovered from the physical or conscious possession of the petitioner. Petitioner was not arrested from the house and recovery of arms is planted. It is next submitted that petitioner has no concern with the recovered arms. It is lastly submitted by learned counsel for the petitioner that charge sheet has already been submitted in this case.

7.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 8.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

9.

Let the petitioner 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 Koilwar P.S. Case No. 03 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.48297 of 2024(2) dt.10-07-2024 3/3 family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T