Raj Kumar @ Raj Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41765 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- KHUTAUNA District- Madhubani ====================================================== Raj Kumar @ Raj Kumar Chaudhary, S/o Late Rajendra Chaudhary R/o vill - Hazi Subhan, P.S.- Kotwali, Munger, Distt.- Munger. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manendra Kumar Sinha, Advertise For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Khutauna P.S. Case No. 02 of 2025, registered for the offence under Sections 25(1-B), 25(1-a), 26(i), 25(1-AA), 26(ii), 35 of Arms Act.
3. The accused/petitioner is named in the F.I.R. and is in custody since 11.01.2025.
4. As per FIR, petitioner was involved in illegal manufacturing of firearm alongwith other co-accused persons.
5. Learned counsel appearing on behalf of the petitioner submitted that upon secret information, a raid was conducted in the house of co-accused Raju Kumar Sah as to unearth mini gun factory and when police arrived thereof,
Patna High Court CR. MISC. No.41765 of 2025(2) dt.20-08-2025 2/3 coincidentally this petitioner was present thereof as he visited the house of Raju Sah to collect his loan. It is submitted that other co-accused persons, namely, Imtiyaz Alam and Iftekar Alam were granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 27399 of 2025 dated 09.07.2025. It is also pointed out that as per seizure list only mobile phone was shown to be recovered from the possession of this petitioner and merely as he found involved in two more similar nature of cases, where he is on bail, he was implicated with present case also without having any connecting materials. While concluding the argument, it is submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP while opposing the prayer of bail submitted that the petitioner was actively involved in illegal manufacturing of firearm.
7. Considering the aforesaid facts and circumstances and by taking note of fact as other similarly situated co-accused persons granted bail by one of the
Patna High Court CR. MISC. No.41765 of 2025(2) dt.20-08-2025 3/3 learned co-ordinate Bench, where alleged mini gun factory prima facie found operational in the house of co-accused Raju Kumar Sah, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 11.01.2025, accordingly, petitioner above named, is directed to be released on bail in connection with Khutauna P.S. Case No. 02 of 2025, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jhanjharpur, Madhubani/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS. (Chandra Shekhar Jha, J) veena/- U T