This oral order grants regular bail to five petitioners in a criminal case involving possession of firearms and ammunition under Sections 399 and 402 IPC. The High Court allowed the applications with conditional bail bonds.
Bail granted in respect of Ballia P.S. Case No. 153 of 2024 with directions to furnish bond of Rs.20,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57908 of 2024
Arising Out of PS. Case No.-153 Year-2024 Thana- BALIYA District- Begusarai
====================================================== Abhinandan Kumar S/o- Subash Rai Village- Nauranga Diyara Ps- ballia Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== with CRIMINAL MISCELLANEOUS No. 58852 of 2024
Arising Out of PS. Case No.-153 Year-2024 Thana- BALIYA District- Begusarai
====================================================== Saurav Kumar son of Pankaj Kumar Sharma Village- Prashant Nagar, Bhagatpur, Ward no. 9, Ps- Ballia, Dist- Begusarai
... ... Petitioner/s Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 59023 of 2024
Arising Out of PS. Case No.-153 Year-2024 Thana- BALIYA District- Begusarai
====================================================== Ankit Kumar Son of Late Kundan Kumar @ Kundan Kumar Singh @ Kundan Singh R/V- Village- shadipur Karari, P.S.- Ballia, Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== with CRIMINAL MISCELLANEOUS No. 60230 of 2024
Arising Out of PS. Case No.-153 Year-2024 Thana- BALIYA District- Begusarai
====================================================== Bajrangi @ Bajrangi Rai S/O Late Satya Narayan Rai Resident of VillageBhagatpur Ward No.9, P.S.- Ballia, Dist- Begusarai
... ... Petitioner/s
Versus The State of Bihar Bihar
Patna High Court CR. MISC. No.57908 of 2024(2) dt.22-08-2024 2/4
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 60402 of 2024
Arising Out of PS. Case No.-153 Year-2024 Thana- BALIYA District- Begusarai
======================================================
Rajesh Kumar Chaudhary S/O Ashok Kumar Chaudhary Resident of VillageBhagatpur Ward No.4, P.S.- Ballia, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 57908 of 2024) For the Petitioner/s : Mr.Ashok Kumar Jha For the Opposite Party/s : Mr.Ram Bilash Roy Raman (In CRIMINAL MISCELLANEOUS No. 58852 of 2024) For the Petitioner/s : Mr.Ashok Kumar Jha For the Opposite Party/s : Mr.Ram Priya Sharan Singh (In CRIMINAL MISCELLANEOUS No. 59023 of 2024) For the Petitioner/s : Mr.Ashok Kumar Jha For the Opposite Party/s : Mr.Ram Bilash Roy Raman (In CRIMINAL MISCELLANEOUS No. 60230 of 2024) For the Petitioner/s : Mr.Ashok Kumar Jha For the Opposite Party/s : Mr.Anand Kishore Choudhary (In CRIMINAL MISCELLANEOUS No. 60402 of 2024) For the Petitioner/s : Mr.Ashok Kumar Jha For the Opposite Party/s : Mr.Anand Kishore Choudhary ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 22-08-2024
Heard learned counsel for the petitioners and learned
A.P.P for the State.
2 . The petitioners have preferred this application for grant of regular bail in connection with Ballia P.S. Case No. 153 of 2024 dated 08.05.2024 registered for the offences punishable u/ss 399, 402 of the Indian Penal Code 25 (1-b)a, 26 and 35 of the Arms Act.
Patna High Court CR. MISC. No.57908 of 2024(2) dt.22-08-2024 3/4
3 . As per the prosecution case, one country made carbine, two magazines, two 9 mm cartridges, one country made pistol and seven live cartridges were recovered from the mango orchard where the petitioners and the co-accused persons were apprehended during the course of making preparation to commit crime.
4 . Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. Similarly situated co-accused has already been granted bail by this court vide order dated 16.07.2024 passed in Cr. Misc. No. 51419 of 2024. The petitioners, namely, Abhinandan Kumar and Saurav Kumar have clean antecedent whereas the petitioners, namely, Bajrangi @ Banjrangi Rai and Ankit Kumar have four criminal antecedents and the petitioner, namely, Rajesh Kumar Chaudhary has six criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 09.05.2024.
5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6 . Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.57908 of 2024(2) dt.22-08-2024 4/4
of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Ballia P.S. Case No. 153 of 2024, with a condition/s:-
( i ). The petitioners, namely, Rajesh Kumar Chaudhary, Bajrangi @ Banjrangi Rai and Ankit Kumar are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to cancelled.
7 . The application stands allowed.
(Chandra Prakash Singh, J)
guddukr/-
U T
1 issue framed by the court
Whether bail should be granted to petitioners charged with offences under Sections 399 and 402 IPC.
Abhinandan Kumar
Saurav Kumar
Ankit Kumar
Bajrangi
Rajesh Kumar Chaudhary
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
