Baliram Kumar @ Balba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5454 of 2024 Arising Out of PS. Case No.-164 Year-2023 Thana- BELA District- Sitamarhi ====================================================== Baliram Kumar @ Balba Son Of- Late Bhuil Ray Resident Of VillageDhanha, P.S.- Bela, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Kumar Narain Singh, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Bela P.S Case No. 164 of 2023 registered for the offences punishable under Sections 25(1-b)a, and 26/35 of the Arms Act.

3. As per allegation in the FIR, two live cartridges each 7.65 mm were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that actually nothing has been

Patna High Court CR. MISC. No.5454 of 2024(2) dt.15-02-2024 2/3 recovered from the conscious and physical possession of the petitioner but the police has wrongly planted a false story against him. It is also submitted that petitioner is in judicial custody since 07.07.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and seizure list, and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M Sadar, Sitamarhi in connection with Bela P.S Case No. 164 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law a period of one month from the date of receipt of a copy of this order. However, it is made clear that if the

Patna High Court CR. MISC. No.5454 of 2024(2) dt.15-02-2024 3/3 charge-sheet has not been submitted then the petitioner shall be present physically on each and every date before the trial court till conclusion of the the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T