Patna High CourtCR. MISC./81945/2025bail granted

Amit Kumar @ Raja Jha v. The State Of Bihar

2025-12-10Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81945 of 2025 Arising Out of PS. Case No.-84 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== Amit Kumar @ Raja Jha Son of Krishna Jha @ Krishna Kumar Jha Resident of Village - Narma, P.S.- Rampur Hari, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rampur Hari P.S. Case No. 84 of 2025, instituted for the offences punishable under Sections 317(4), 317(5), 3(5) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that there is recovery of one country made pistol along with one live cartridge from the possession of the petitioner and one knife has been recovered from the possession of co-accused person.

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

Patna High Court CR. MISC. No.81945 of 2025(2) dt.10-12-2025 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has not committed any offence. The petitioner has been arrested only on the basis of suspicion. It is next submitted that the petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 29.04.2025 and has got seven criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 12.08.2025 passed in Cr. Misc. No. 53941 of 2025.

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 after framing of charge, if not already framed on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rampur Hari P.S. Case No. 84 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.81945 of 2025(2) dt.10-12-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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