Patna High CourtCR. MISC./81800/2023allowed

Ramphal Ram @ Ramphal Mahto v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81800 of 2023 Arising Out of PS. Case No.-341 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Ramphal Ram @ Ramphal Mahto Son Of Janak Mahto Village- Paltu Chhatani Ps- Naubatpur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of Arms Act.

3. As per FIR, police team reached at the house of one Niranjan Ram on the basis of secret information and during search, there has been recovery of one country made pistol along with one live cartridge and one motorcycle from his house. This petitioner was arrested on spot by the police.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Although, the petitioner was

Patna High Court CR. MISC. No.81800 of 2023(2) dt.19-12-2023 2/2 apprehended on spot but nothing incriminating article has been recovered from his conscious possession rather the recovery has been made from the house of one Niranjan Ram. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Naubatpur P.S. Case No. 341 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd, Danapur, Patna. (Sunil Kumar Panwar, J) Shubham/- U T