Arjun Ram @ Arjun Kumar Ram @ Arjun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72916 of 2024 Arising Out of PS. Case No.-190 Year-2024 Thana- SISWAN District- Siwan ====================================================== Arjun Ram @ Arjun Kumar Ram @ Arjun Kumar Son of Shiv Shankar Ram Village- Godda, Ps- Manjhi, Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arbind Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Ashok Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 17-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b), 26, 35 of Arms Act.
Prosecution case in nutshell is that on receiving the secret information of gathering of four miscreants, informant being a police official rushed to the spot. Miscreants tried to flee away. Out of them, three (including the petitioner) were apprehended and one managed to escape. On search, two live cartridges and
2/4 one mobile phone are alleged to have been recovered from the possession of the petitioner.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner has no any concern either with the other apprehended co-accused persons or with the recovered incriminating article. Proper procedure of search and seizure has not been followed as there is no any independent witness of the alleged seizure. It is further submitted that chargesheet has been submitted in this case. Moreover, the petitioner is languishing in judicial custody since 05.06.2024.
Learned APP appearing for the State has vehemently opposed the prayer for Bail and submitted that petitioner has one antecedent.
Having heard learned counsel for the parties and taking into consideration the above facts and circumstances of the case as well as period of custody,
3/4 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Siswan P.S. Case No. 190 of 2024 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 Judicial Magistrate 1st Class, Siwan, with following conditions:- (i) One of the bailors should be close relative of the petitioner.
(ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the learned trial Court.
(iii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iv) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds
4/4 may be cancelled by the learned trial Court.
(S. B. Pd. Singh, J) Nirajkrs/- U T