Shambhu Ram @ Shambhu Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Shambhu Ram @ Shambhu Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Bail allowed conditionally: release after framing of the charge (or immediately if the charge-sheet has not been submitted) in Kargahar P.S. Case No.494 of 2023, on bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Rohtas at Sasaram; trial court to conclude charge-framing within 15 days; petitioner to attend the trial court physically on every date till charge-framing concludes.

Issue for consideration

Whether the petitioner should be released on bail in connection with Kargahar P.S. Case No.494 of 2023, registered for the offence under Sections 25(1-b)a of the Arms Act. +1 more

Court's answer

Considering the facts and circumstances and the submissions made on behalf of the petitioner, the petitioner is directed to be released on bail after framing of the charge, in connection with Kargahar P.S. Case No.494 of 2023, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Rohtas at Sasaram.

Ratio / Principle

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order.

Key takeaways

If the charge-sheet has not been submitted, the above-named petitioner shall be released on bail on furnishing a bail bond.ratio¶21
The post-charge-sheet bail is conditioned on the petitioner presenting physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.ratio¶23

Detailed headnote1 paragraphs

Patna High Court (Justice Ramesh Chand Malviya), Criminal Miscellaneous No.18889 of 2024, oral order dated 21-03-2024: conditional bail granted in Kargahar P.S. Case No.494 of 2023 (offence under Sections 25(1-b)a of the Arms Act), wherein the FIR alleged recovery of one country made pistol and one live cartridge from the petitioner Shambhu Ram @ Shambhu Kumar, in custody since 25.12.2023. Release directed after framing of charge on bail bonds of Rs.10,000/- with two sureties of like amount each to Additional Chief Judicial Magistrate-IV, Rohtas at Sasaram; trial court to conclude charge-framing within 15 days of receipt of the order; if the charge-sheet has not been submitted, immediate release on bail bond, conditioned on the petitioner's physical presence before the trial court on every date till charge-framing concludes.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18889 of 2024

Arising Out of PS. Case No.-494 Year-2023 Thana- KARAHGAR District- Rohtas

======================================================

Shambhu Ram @ Shambhu Kumar, Male, aged about 25 years, SON OF Suresh Ram RESIDENT OF VILLAGE -PATHALPURA POLICE STATION -KARAGAHAR DISTRICT- ROHTAS AT SASARAM

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Raghunandan Kumar Singh For the Opposite Party/s : Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER

2 21-03-2024 Heard learned counsel appearing on behalf

of the parties.

The petitioner seeks bail in connection with Kargahar P.S. Case No.494 of 2023 registered for the offence under Sections 25(1-b)a of the Arms Act.

As per FIR, there is recovery of one country

made pistol and one live cartridge from the possession of the petitioner.

Learned counsel appearing on behalf of the

petitioner has submitted that petitioner has falsely been

Patna High Court CR. MISC. No.18889 of 2024(2) dt.21-03-2024 2/3

implicated in the present case, where, he was not arrest on spot. It is submitted that nothing has been recovered from the conscious physical possession of this petitioner. It is submitted that seizure list appears doubtful being not supported by independent witnesses, rather by police personnels. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 25.12.2023.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge , in connection with Kargahar P.S. Case No.494 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Rohtas at Sasaram.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be

Patna High Court CR. MISC. No.18889 of 2024(2) dt.21-03-2024 3/3

released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J)

S.Katyayan/-

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