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Patna High CourtCR. MISC./4364/2025bail granted

Pawan Kumar Verma @ Pawan Verma @ Pawan Kumar v. The State Of Bihar

2025-02-12Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4364 of 2025 Arising Out of PS. Case No.-387 Year-2024 Thana- BAKHARI District- Begusarai ====================================================== Pawan Kumar Verma @ Pawan Verma @ Pawan Kumar Son of Mahendra Verma @ Mahendra Mahto Resident of Village - Bagwan, Ward No. 10, P.S. - Bakhri, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 25 (1-b), a, 26, 35 of the Arms Act in connection with Bakhri P.S. Case No.387 of 2024.

3. The learned counsel for the petitioner submits that petitioner has antecedent of five cases. It is also submitted that in one case the police has submitted final form and in sum and substance the allegation is that one Rakesh Kumar Verma was found threatening with pistol who was apprehended and from his possession countrymade pistol along with three live cartridges and a Samsung mobile was seized and he disclosed that he on instruction of the petitioner had ploughed the field of

Patna High Court CR. MISC. No.4364 of 2025(2) dt.12-02-2025 2/3 the Birendra Verma and Amardeep Verma.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case on account of dispute relating to land. It is also submitted that even presuming what has been alleged is true without admitting in that event, the only allegation against this petitioner is that it was on his instruction that Rakesh Kumar Verma ploughed the field of Birendra Verma and Amardeep Verma. It is next submitted that the instant FIR has been instituted by the police and for the same occurrence Amardeep has instituted Bakhri P.S. Case No.403 of 2024 after six days, as such it is submitted that for the same occurrence two FIRs have been instituted. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5. The learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties of the like amount each

Patna High Court CR. MISC. No.4364 of 2025(2) dt.12-02-2025 3/3 to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bakhri P.S. Case No.387 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C. with further condition that one of the bailor of the petitioner shall be his father, Mahendra Verma @ Mahendra Mahto.

7. It is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that petitioner despite giving assurance to this Court is not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T