Raju Ranjan Kumar @ Raju Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78081 of 2024 Arising Out of PS. Case No.-125 Year-2024 Thana- KASMA District- Aurangabad ====================================================== Raju Ranjan Kumar @ Raju Ranjan Son of Late Devnandan Singh @ Late Devnandan Prasad R/O Vill.- Dumra, P.S.- Konch, Dist.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-11-2024 Heard the parties.
2. The petitioner is in judicial custody in connection with Kasma P.S. Case No. 125 of 2024 for the offence punishable under Sections 25(I-b)a, 26/35 of the Arms Act lodged on 10.08.2024 by the informant, Diwan Reshad Khan.
3. As per the prosecution story, the informant alleged that during patrolling and vehicle checking, this petitioner was intercepted and looted country made pistol/live cartridges recovered. As he failed to provide the document, the FIR and arrest.
4. Learned counsel for the petitioner submits that he is small time business man, there was some issue with the police, implicated. Further, if granted relief, he shall be diligently appearing in trial. He is in custody since 11.08.2024 (para-12 of
Patna High Court CR. MISC. No.78081 of 2024(2) dt.12-11-2024 2/3 the petition) having no criminal antecedent.
5. Learned APP opposes the prayer submitting that he was apprehended alongwith pistol/cartridges.
6. Considering the aforesaid submissions put forward by the parties as also taking into account the fact that the petitioner is a small business man, has no criminal antecedent, has remained in custody since 11.08.2024, an undertaking has been given by the petitioner that he will be diligently appearing in trial, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Aurangabad, in connection with Kasma P.S. Case No. 125 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
Patna High Court CR. MISC. No.78081 of 2024(2) dt.12-11-2024 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T