Ravishankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59873 of 2024 Arising Out of PS. Case No.-114 Year-2024 Thana- SANDESH District- Bhojpur ====================================================== Ravishankar Kumar Son of Mr. Jitendra Mehta @ Jitendra Mahto Resident of Vill- Deuar, P.O.- Pandura Rampur, P.S.- Sandesh, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Vaishnavi Singh, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-09-2024 Heard the parties.
2. Petitioner seeks regular bail in connection with Sandesh P.S. Case No. 114/ 2024 dated 27.04.2024 registered for the offence(s) punishable under Section(s) 399, 402 of the IPC and Section(s) 25(1-B)a, 26 and 35 of Arms Act.
3. Mrs. Vaishnavi Singh, learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case and nothing incriminating has been recovered from his possession. It is further submitted that from perusal of the F.I.R. as well as seizure list, it would appear that no independent person has been made witness to the search and seizure and the members of the raiding party have been shown as witnesses. It is also submitted that the petitioner is a young person having fair and clean antecedent and one of the co-accused, Guddu Kumar @ Saheb Kumar has already been granted pre-arrest bail
Patna High Court CR. MISC. No.59873 of 2024(3) dt.27-09-2024 2/2 by this court vide order dated 21.08.2024 passed in Cr. Misc. No. 50324 of 2024 and against the petitioner investigation has been completed.
4. Mr. Binod Kumar, learned APP appearing for the State opposes the bail prayer.
5. Heard both sides and perused the F.I.R as well as other relevant materials. Though, the instant matter relates to the recovery of firearms from the possession of the petitioner, however, considering his young age and fair antecedent and coupled with the facts that the investigation has already been completed against him and one of the co-accused, Guddu Kumar @ Saheb Kumar has already been granted pre-arrest bail by this court vide order dated 21.08.2024 passed in Cr. Misc. No. 50324/ 2024, in my opinion, the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-above be released on bail in connection with Sandesh P.S. Case No. 114 of 2024 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J) BKS/- U T