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Patna High CourtCR. MISC./1778/2025bail granted

Anish Ram v. The State Of Bihar

2025-01-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1778 of 2025 Arising Out of PS. Case No.-256 Year-2024 Thana- ITARHI District- Buxar ====================================================== Anish Ram S/o Udhari Ram @ Udhri Ram R/o Village- Hari Kishanpur, P.S.- Buxar (Ind.), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Rai Sharma, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Itarhi P.S. Case No. 256 of 2024 instituted for the offence under Sections 25(1-B)a, 26 & 35 of the Arms Act.

3.

As per prosecution case, the accusation against the petitioner along with other accused person is of posting their picture with illegal firearms on social media. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16-11-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.1778 of 2025(2) dt.22-01-2025 2/2 counsel that petitioner has been falsely implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 103 of the BNSS, 2023, which creates a serious doubt in the prosecution case. Charge sheet has been submitted in this case.

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 and charge sheet being submitted, this Court is inclined to 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 Itarhi P.S. Case No. 256 of 2024.

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