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Patna High CourtCR. MISC./67984/2025bail granted

Rita Kumari v. The State Of Bihar

2025-09-24Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67984 of 2025 Arising Out of PS. Case No.-365 Year-2024 Thana- OBRA District- Aurangabad ====================================================== Rita Kumari W/o Manoj Kumar Singh Resident of Village - Atrauli, P.S - Obra, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar No.6 , Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends his arrest in a case registered for the offence punishable under sections 25 (1-b)/35/26/37 of Arms Act.

3 . As per the prosecution case , informant namely , Abhishek Kumar (ASI) alleged that in course of investigation , accused persons presented, two live bullets of 315 bore and three empty cartridges of 315 bore and accordingly seizure list was prepared.

4. It is submitted on behalf of the petitioner that, as a matter of fact, alleged ammunition , live and empty cartridges were produced and used by the accused persons of Obra P S.

Patna High Court CR. MISC. No.67984 of 2025(2) dt.24-09-2025 2/3 Case No. 225 of 2023 and petitioner has falsely been implicated in this case by the informant with the intention to protect the accused of Obra PS Case No. 225 of 2023. It is further submitted that final form was submitted by the police in the aforesaid case in which protest petition was filed, and thereafter, this present case was lodged against this petitioner by the informant. After acceptance of the final form, on 06.01.2025, the petitioner again filed a protest petition, which was treated as a complaint, i.e., Complaint Case No. 04 of 2025, in which the learned concerned/Magistrate proceeded on the complaint, in which this petitioner was examined on S. A., and during the inquiry, two witnesses have also been examined, and the matter is pending for cognizance, i.e., Annexure - P 2 and P 3 (series) to the bail petition . Petitioner claims clean antecedent. 5 . Learned counsel for the State opposed the bail petition .

6 Considering the aforesaid facts, clean antecedent of the petitioner and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M.,

Patna High Court CR. MISC. No.67984 of 2025(2) dt.24-09-2025 3/3 Daudnagar, Aurangabad in connection with Obra P.S. Case No. of 365 of 2024 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T