Rajan Mishra @ Archit Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.381 of 2025 Arising out of PS. Case No.-248 Year-2023 Thana- HUSSAINGANJ District- Siwan ====================================================== Rajan Mishra @ Archit Mishra, S/o Uday Mishra, R/o Village- Karmaul, P.S.- Asaon, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s:

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 22-04-2025 None appears on behalf of the petitioner. Learned Additional Public Prosecutor for the state is present.

2. The petitioner seeks regular bail in connection with Hussainganj P.S. Case No. 248 of 2023 dated 05.10.2023 instituted for the offences under Sections 25(1-B) a, 26 and 35 of the Arms Act and Sections 8, 20, 21(B) and 22 of NDPS Act.

3. The prosecution case in short is to the effect that on 05.10.2023 on receiving a secret information a police officer conducted a raid and one person was apprehended at the place of occurrence and other accused persons managed to escape from the place of occurrence. The apprehended person disclosed his name as Sujeet Kumar @ Mukul Kumar and he was found in possession of one country-made Katta of 315 bore and Redmi mobile. On search from the nearby motorcycles, it was detected

Patna High Court CR. MISC. No.381 of 2025(3) dt.22-04-2025 2/3 that 1 Kg 340 Grams of ganja was recovered from a bag. The apprehended person disclosed that two persons who had fled away are Rohit Yadav and Ranjan Mishra (Petitioner).

4. From perusal of the FIR, it is evident that the person who was apprehended at the place of occurrence were Sujeet Kumar @ Mukul Kumar and it was on his statement that the present petitioner has been named as accused. 1 Kg. 340 Grams Ganja were recovered from the motorcycle and nothing has been recovered from the conscious possession of the petitioner and the petitioner is in custody since 16.01.2024.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the petitioner is in custody since 16.01.2024, the petitioner above named, is directed to 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 the learned Special Judge, Siwan in connection with Hussainganj P.S. Case No. 248 of 2024, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain

Patna High Court CR. MISC. No.381 of 2025(3) dt.22-04-2025 3/3 present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) If any subsequent case of similar nature is lodged against the petitioner, the prosecution shall be at liberty to approach the learned Court below for cancellation of bail of the petitioner.

(Sourendra Pandey, J) Vikash/- U T