Patna High CourtCR. MISC./79261/2024bail granted

Ranjan Kumar @ Ranjan Kumar Pal @ Ranjan Ranjan Pal v. The State Of Bihar

2024-11-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79261 of 2024 Arising Out of PS. Case No.-106 Year-2024 Thana- GADHPURA District- Begusarai ====================================================== Ranjan Kumar @ Ranjan Kumar Pal @ Ranjan Ranjan Pal S/o Mahendra Pal R/o Village- Sonma Ward No. 07, P.S.- Bakhri, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gadhpura P.S. Case No. 106 of 2024, instituted for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, one country made pistol has been recovered from the possession of the coaccused Saurabh Kumar.

4. Learned counsel for the petitioner submits that the 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 has got no concern

Patna High Court CR. MISC. No.79261 of 2024(2) dt.12-11-2024 2/2 with the alleged recovery of arms. The petitioner was sleeping in the house of co-accused Saurabh Kumar and on the basis of suspicion he was arrested. The alleged arm has been recovered from the conscious possession of co-accused Saurabh Kumar. The petitioner is in custody since 10.09.2024 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gadhpura P.S. Case No. 106 of 2024.

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