Arjun Das @ Kariya @ Kallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59751 of 2025 Arising Out of PS. Case No.-387 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Arjun Das @ Kariya @ Kallu S/o- Sita Ram Das Resident of ward no. 13, Village- Bakhri Buzurg, Rupauli Buzurg, Police Station- Musarigharari, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-08-2025 Heard Mr. Kundan Kumar, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State. 2.

The petitioner seeks bail in connection with Dalsingsarai P.S. Case No. 387 of 2023 instituted for the offence under Sections 414, 411 & 34 of the Indian Penal Code and Sections 25(1-B)A, 26 & 35 of the Arms Act.

3.

Prosecution case in short is that two accused persons were intercepted by the police. On search one country made pistol was recovered from co-accused, namely, Chandan Kumar. It is further alleged that petitioner managed to flee away from the spot.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10-11-2023. Petitioner

Patna High Court CR. MISC. No.59751 of 2025(2) dt.27-08-2025 2/3 bears thirteen (13) criminal antecedents.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. There is no compliance of Section 103 of the BNSS, 2023. It is lastly submitted that charge-sheet has already been submitted in this case. Other co-accused has been granted bail by this Court vide order dated 14-03-2024, passed in Cr. Misc. No. 18578 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

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

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dalsingsarai P.S. Case No. 387 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.59751 of 2025(2) dt.27-08-2025 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