Rajan Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46587 of 2025 Arising Out of PS. Case No.-226 Year-2024 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Rajan Kumar Jha S/o Sohan Jha R/o Village- Tharhi, P.S.- Andhratharhi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Madhubani (Town) P.S. Case No. 226 of 2024 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per prosecution case, the petitioner was found along with the co-accused at the house of co-accused Phuldeo Yadav. It is alleged that one pistol loaded with five live cartridge was recovered from the possession of the co-accused Prakash Jha whereas one Oppo phone was seized from the possession of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No

Patna High Court CR. MISC. No.46587 of 2025(2) dt.08-07-2025 2/3 incriminating article has been recovered from the conscious possession of the petitioner rather the arm and ammunition were recovered from the possession of co-accused Prakash Jha. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunition. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.07.2024 and has one criminal antecedent. There is no compliance of Section 103 of the B.N.S.S. Learned counsel for the petitioner again submits that the co-accused namely Prakash Kumar Suraj and Prakash Jha have alrady been granted bail by this Court vide orders dated 17.02.2025 and 19.02.2025 passed in Cr. Misc. Nos. 80367 of 2024 and 82182 of 2024 respectively.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no recovery of arms and ammunition from this petitioner, the period of custody undergone by the petitioner and the prayer for bail being based on parity, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.46587 of 2025(2) dt.08-07-2025 3/3

7. 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 Madhubani (Town) P.S. Case No. 226 of 2024.

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