Shubham Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86554 of 2024 Arising Out of PS. Case No.-259 Year-2024 Thana- KESARIA District- East Champaran ====================================================== Shubham Raj Son of Pramod Prasad Kushwaha @ Pramod Kumar Resident of Nayagaon Khap Gopalpur, P.S- Kesariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kesariya P.S. Case No. 259/2024 dated 13.08.2024 registered for the offence punishable u/s 310(4) and 310(5) of the B.N.S. and Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, one live cartridge and a motorcycle were recovered from the possession of the petitioner when the petitioner and the co-accused persons were assembled to commit crime.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.86554 of 2024(2) dt.15-02-2025 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has three antecedents and he is on bail in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 04.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Kesariya P.S. Case No. 259/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T