Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3236 of 2025 Arising Out of PS. Case No.-215 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Ajay Kumar S/O Yogendra Mahto Resident of village - Bataha, P.S- Rosera, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Navin Kumar, Advocate For the State :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per prosecution case, on secret informant that one Manish Kumar, along with his brother, has kept country made pistol in the house of his sister-in-law, a raid was conduced and two country made pistol and six live cartridges were recovered from the house of co-accused Savitri Devi.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R.. Name of petitioner transpired during course of investigation, on

Patna High Court CR. MISC. No.3236 of 2025(2) dt.29-04-2025 2/2 the basis of confessional statement of co-accused Manish Kumar. Except confessional statement, there is no material on record to show the complicity of this petitioner in the alleged occurrence. No arms or ammunition has been recovered from conscious possession of this petitioner. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Rosera in connection with Bibhutipur P.S. Case No. 215 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T