Raj Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59768 of 2025 Arising Out of PS. Case No.-247 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== Raj Raushan Kumar S/o Satyadeo Sahani @ Satyadev Sahni, Resident of village - Dudahi Malahi tola, P.S.- Harsidhi, Distt.- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Harsidhi P.S. Case No.247 of 2025, dated 01.05.2025 registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, on 01.05.2025, acting on the secret information, the informant conducted raid at the alleged place and a loaded pistol with live cartridge and magazine were recovered from the possession of one Ravi Raj Kumar, who happens to be the full brother of the petitioner and who revealed that the said arms and ammunition belonged to the petitioner and the petitioner gave them to him after harsh firing

Patna High Court CR. MISC. No.59768 of 2025(2) dt.01-09-2025 2/3 and who also revealed that they are involved in the sale and purchase of illegal fire-arms.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner was not arrested from the spot and his name has been dragged in this case merely on the basis of confessional statement of the apprehended co-accused person. Nothing incriminating has been recovered from the conscious possession of the petitioner. Except the confessional statement of the co-accused person, there is no evidence or material which suggests the involvement of the petitioner in the said occurrence. The petitioner carries one criminal antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 25.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as petitioner's period of custody, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Motihari,

Patna High Court CR. MISC. No.59768 of 2025(2) dt.01-09-2025 3/3 East Champaran, in connection with Harsidhi P.S. Case No.247 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T