Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52500 of 2025 Arising Out of PS. Case No.-92 Year-2025 Thana- Lakho District- Begusarai ====================================================== Raju Kumar son of Baldeo Rai R/o Village Rupauli Banhara P.S. Mushrigharari Dist. Samastipur (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Kumar, Adv.
For the Opposite Party/s :
Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Lakho P.S. Case No. 92 of 2025, dated 14.05.2025, registered for offences punishable under Sections 310(4) & 310(5) of the B.N.S. and Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. As per the allegations in the FIR, one country-made pistol, two live cartridges, and a mobile phone of Vivo Company are alleged to have been recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that four persons, including the petitioner, were apprehended at the spot. The further
Patna High Court CR. MISC. No.52500 of 2025(2) dt.12-08-2025 2/3 submission is that other co-accused Sonu Kumar @ Sonu Kumar Singh from whose possession one country-made pistol and four live cartridges were recovered, has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 21.07.2025, passed in Cr. Misc. No. 45053 of 2025.It is also submitted that another co-accused, Md. Nawab Sharif @ Md. Nawab, from whose possession four cartridges were recovered, has also been granted bail by a Co-ordinate Bench of this Court vide order dated 30.07.2025, passed in Cr. Misc. No. 45720 of 2025. Lastly, it is submitted that the petitioner has been in custody since 15.05.2025 and has four other criminal cases pending against him.
5. Learned Additional Public Prosecutor for the State has opposed the prayer.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class cum Additional Munsif Begusarai, in connection with Lakho P.S. Case No. 92 of 2025, subject to the following conditions:- (i) that the petitioner shall co-operate in the trial
Patna High Court CR. MISC. No.52500 of 2025(2) dt.12-08-2025 3/3 and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail and (v) that the petitioner will appear before the SHO of concerned PS in the first week of each month till the framing of charge in this case.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T