Patna High CourtCR. MISC./43982/2025bail granted

Hariom Kumar v. The State Of Bihar

2025-09-03Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43982 of 2025 Arising Out of PS. Case No.-311 Year-2025 Thana- SAHARSA SADAR District- Saharsa ====================================================== Hariom Kumar aged about 26 years, S/o Amol Singh R/o Vill- Haripur, Ward No. 14, P.S.- Sonbarsa Kachehari, Distt- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyanshu Ranjan, Adv For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Saharsa Sadar P.S Case No. 311 of 2025 registered for the offences punishable under Sections 25(1-b)a, 26 of Arms Act.

3. As per allegation in the FIR, one loaded country made pistol has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner's name has been inserted in this case due to high handedness of police. He further submits that nothing has been figured from the possession of the petitioner. It is also

Patna High Court CR. MISC. No.43982 of 2025(8) dt.03-09-2025 2/2 submitted that petitioner is in judicial custody since 11.03.2025 having clean antecedent.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, case diary and impugned order dated 04.06.2025, it appears that the alleged loaded country made pistol has not been recovered from the conscious possession of the petitioner and no TIP has been conducted. Moreover petitioner is having clean antecedent, so, considering the aforesaid facts and circumstances of the case and materials available on record and submissions made on behalf of the learned counsel for the petitioner, let the above named 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 learned CJM, Saharsa in connection with Saharsa Sadar P.S Case No. 311 of 2025.

(Ramesh Chand Malviya, J) Sunnykr/- U