Pappu Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11236 of 2025 Arising Out of PS. Case No.-279 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Pappu Patel S/o Late Dukha Patel R/o Village- Chakarmainiya (Tola Sakrohra), ward no 05, PS- Beldour, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Beldour P.S. Case No. 279 of 2024 instituted for the offences under Sections 25(1-b)a, 25(1-AA), 26, 35 of the Arms Act.

3. As per the F.I.R., total 220 live cartridges have been recovered from co-accused Divesh Kumar Sah.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Divesh Kumar Sah who has already been granted bail vide order dated 10.12.2024 passed in Cr. Misc. No. 85911 of 2024. No incriminating article has been recovered from the conscious possession of the petitioner rather the

Patna High Court CR. MISC. No.11236 of 2025(2) dt.21-02-2025 2/2 recovery of arms and ammunitions has been made from coaccused Divesh Kumar Sah. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.09.2024 and has two criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

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

6. Considering the aforesaid facts and circumstances of the case claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Beldour P.S. Case No. 279 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T