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Patna High CourtCR. MISC./69989/2025bail granted

Gulab Ray v. The State Of Bihar

2025-09-24Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69989 of 2025 Arising Out of PS. Case No.-294 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== Gulab Ray Son of Late Raja Ram Ray @ Raju Ray @ Raj Narayan Ray Resident of village - Chheth Bakhari, Police Station - Kalyanpur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kalyapur P.S. Case No. 294 of 2024, instituted for the offences punishable under Sections 310(4), 310(5), 310(6) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that police on a tip off regarding assembly of anti-social elements conducted a raid and apprehended accused persons, including the petitioner. On search, there is recovery of arms from the possession of coaccused persons.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.69989 of 2025(2) dt.24-09-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not arrested at the place of occurrence. Name of the petitioner has transpired in this case on the basis of confessional statement made by coaccused person as also being registered owner of the seized motorcycle in question. It is next submitted that no any arms have been recovered from the possession of the petitioner. The petitioner is in custody since 26.04.2025 and has got four criminal antecedents. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 03.04.2025 passed in Cr. Misc. No. 17510 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

Patna High Court CR. MISC. No.69989 of 2025(2) dt.24-09-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kalyapur P.S. Case No. 294 of 2024.

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