Patna High CourtCR. MISC./79680/2024bail granted

Raj Babbar Kumar v. The State Of Bihar

2025-01-22Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79680 of 2024 Arising Out of PS. Case No.-193 Year-2024 Thana- MANSI District- Khagaria ====================================================== Raj Babbar kumar S/O Subodh Yadav @ Subodh Kumar R/O Village- Balia Lakhminiya Bazar, Ward No. 26, P.S- Balia, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sabal Kumar Jha, Adv For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-01-2025 Heard the parties.

2. The petitioner seeks bail in connection with Mansi P.S. Case No. 193 of 2024 registered for the offence under Sections 25(1-B)a and 26 of Arms Act.

3. The petitioner is named in the F.I.R. and is in custody since 29.07.2024.

4. The allegation against the petitioner is to have in possession of three country made pistols alongwith five live cartridges.

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner falsely implicated in present case and the alleged country made pistols and

Patna High Court CR. MISC. No.79680 of 2024(3) dt.22-01-2025 2/3 cartridges were recovered from a jute bag which not appears connected prima facie with this petitioner. It is also submitted that compliance of Section 100 of the Cr.P.C. not appears to be followed in present case and moreover, the seizure list witnesses appears police constables, who are interested witnesses, despite of availability of independent witnesses from nearby localities, which makes further the seizure list doubtful. While concluding the argument, it is submitted that petitioner found involved in one more criminal case, which is not of similar nature, where he is on bail and moreover, investigation of this case is completed and as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. In view of aforesaid factual submission and by taking note of the fact that the recovery of country made pistols and live cartridges not appears prima facie to be made from conscious physical possession of this petitioner, coupled with fact that investigation of this case

Patna High Court CR. MISC. No.79680 of 2024(3) dt.22-01-2025 3/3 is already completed, where petitioner is in custody since 29.07.2024, accordingly petitioner above named, is directed to be released on bail in connection with Mansi P.S. Case No. 193 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 learned C.J.M., Khagaria/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) kiran/- U T