Praphull Patel @ Praful Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64007 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- RATWARA District- Madhepura ====================================================== Praphull Patel @ Praful Patel S/o Kailash Patel R/o Village- Gangapur Lutna Tola Ward No 14 P.S- Ratwara, District-Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Pawan Kumar, Adv.

For the State :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 12-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. Allegation in the first information report is that one loaded country made pistol, 28 live cartridges and a mobile phone was recovered under the pillow of the petitioner.

4. Learned senior counsel for the petitioner submits that as a matter of fact, no incriminating article was recovered from the possession of the petitioner and in complete violation of Section 103 of the B.N.S.S., the present search and seizure was made and the seizure list was prepared. It has further been submitted that the name of the petitioner had transpired in

Patna High Court CR. MISC. No.64007 of 2025(4) dt.12-12-2025 2/3 Ratwara P.S. case No. 08 of 2025 lodged under Sections 103 (1) of the B.N.S. and it was only on account of his implication in the said case that he has been made an accused in the present case also. However, it has been submitted that the petitioner has been granted bail by a coordinate Bench of this Court in the other case vide an order dated 18.11.2025 passed in Cr. Misc. No. 72488 of 2025.

5. Learned APP for the State has opposed the application for bail on the ground that the petitioner has several criminal antecedents. In response to which, it has been submitted that most of the antecedents are of the year 2013 to 2018 and only one case was registered in the year 2025 in which the petitioner has already been granted bail.

6. Taking into consideration the facts and circumstances and also considering the fact that the petitioner is in custody since 18.05.2025 and as informed, charges have also been framed in the case on 01.12.2025, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ratwara (Alamnagar) P.S. Case No. 13 of 2025, subject to the conditions that:

Patna High Court CR. MISC. No.64007 of 2025(4) dt.12-12-2025 3/3 (I) One of the bailors would be the family member or relative.

(II) The petitioner would appear physically on each and every date in the learned court below and would cooperate in the conclusion of trial and if the petitioner does not appear on two consecutive dates without any substantial and satisfactory reason, the learned court below would be at liberty to cancel his bail bonds.

(Soni Shrivastava, J) devendra/- U T