Akhilesh Kumar Gupta @ Munif Kumar @ Munif Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10922 of 2025 Arising Out of PS. Case No.-251 Year-2024 Thana- PIPRA District- East Champaran ====================================================== Akhilesh Kumar Gupta @ Munif Kumar @ Munif Kumar Sah, Son of Rajesh Sah, Resident of Village- Badiwan Madhuban, Bathi Tola, P.S.- Pipra, Distt.- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Pipra P.S. Case No. 251 of 2024, registered for the alleged offences under Sections 317 (4), 317 (5) of the BNS, 2023 and Sections 25(1-B) (a)/26/25(9) of the Arms Act.

3. As per prosecution case, police received information about the petitioner and his three associates assembling at certain identified place making plan to execute some big crime. A raid was conducted and the petitioner was apprehended and from his possession, a loaded country made katta with one live cartridge was recovered.

4. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.10922 of 2025(2) dt.06-03-2025 2/3 petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person/possession of the petitioner and the recovery shown is planted. The petitioner was not caught from the spot as alleged. The petitioner is having criminal antecedent of four cases. The petitioner is in custody since 29.09.2024 and charge sheet has been submitted.

5. The learned APP opposes the submission made on behalf of the petitioner. The learned APP submits that the petitioner is habitual offender and is accused in four other cases of serious nature.

6. Having regard to the facts and circumstances of the case and submissions made hereinabove and considering the period of custody of the petitioner along with submission of charge sheet, the petitioner above named is directed to 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 learned Sub Divisional Judicial Magistrate, East Champaran, Motihari, in connection with Pipra P.S. Case No. 251 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

Patna High Court CR. MISC. No.10922 of 2025(2) dt.06-03-2025 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T