Devanand Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6844 of 2025 Arising Out of PS. Case No.-714 Year-2024 Thana- SONEPUR District- Saran ====================================================== Devanand Rai Son of Krishna Gopal R/o- Jahangirpur, P.S- Sonepur, Dist -Saran at chhapra Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishal Vikram Rana, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sonepur P.S. Case No. 714 of 2024 instituted for the offence under Sections 317(2), 317(5), 111 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-B)a, 26 & 35 of the Arms Act.

3.

Prosecution case in short is that on 23-08-2024, the police arrested a suspect, Ramesh Chaudhary, who confessed of committing a crime along with petitioner and others. Upon searching their homes, the police recovered cash, firearms, ammunition and other stolen items, leading to the arrest of additional suspects.

Patna High Court CR. MISC. No.6844 of 2025(3) dt.05-03-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24-08-2024. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that there is no specific allegation against the petitioner. It is further submitted that incriminating articles have been alleged to be recovered from the joint house of the petitioner, where other family members also resides. Learned counsel submits that there is no any evidence to support the allegation made against the petitioner. Learned counsel next submits that police after investigation has already submitted charge sheet in this case. There is no compliance of Section 100 of the Cr.P.C. Other co-accused have been granted vide orders dated 08-01-2025 & 17-12-2024, passed in Cr. Misc. No. 86214 of 2024 & Cr. Misc. No. 87641 of 2024, respectively. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and charge sheet being submitted, this Court is inclined to

Patna High Court CR. MISC. No.6844 of 2025(3) dt.05-03-2025 3/3 grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonepur P.S. Case No. 714 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T