Mithun Kumar @ Mithun Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1895 of 2025 Arising Out of PS. Case No.-447 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Mithun Kumar @ Mithun Ray, son of Byas Ray, R/o village - Bintoliya, ward no. 13, P.S.- Chhapra Muffasil, District - Saran at chhapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Muffasil P.S. Case No.447 of 2024 registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. The accused/petitioner is named in the FIR and is in custody since 05.09.2024.

4. Allegation against the petitioner is to have in possession of one country-made pistol with two live cartidges along with other named accused persons.

5. It is submitted by learned counsel that petitoner was not apprehended on spot and his name appears out of the

Patna High Court CR. MISC. No.1895 of 2025(3) dt.22-03-2025 2/3 disclosure of apprehended co-accused, namely, Pankaj Kumar. It is submitted that upon said disclosure, the petitioner was remanded in present case from Chapra Muffasil Case No.518 of 2024. It is submitted that the petitioner found involved in five criminal cases, where in four criminal cases his name transpired either on the basis of disclosure or on the basis of confessional statement of co-accused as of present case, having otherwise no evidentiary value under law. It is submitted that admittedly no firearm alleged to be recovered from physical possession of this petitioner. While concluding argument, it is submitted that investigation of this case is already completed and, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer for grant of bail to the petitioner.

7. In view of aforesaid factual submissions and by taking note of fact as firearm prima facie not appears to be recovered from physical possession of this petitioner, coupled with the fact that the investigation of this case is already completed, where petitioner is in custody since 05.09.2024,

Patna High Court CR. MISC. No.1895 of 2025(3) dt.22-03-2025 3/3 accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chhapra in connection with Mufasil P.S. Case No.447 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').

(Chandra Shekhar Jha, J.) Sanjeet/- U T