Anantu Pandey @ Boss Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14246 of 2025 Arising Out of PS. Case No.-8 Year-2024 Thana- KHUDWA District- Aurangabad ====================================================== Anantu Pandey @ Boss Pandey S/o Sambhu Pandey Resident of Pisai, P.S.- Khudwan, Distt.- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-03-2025 Heard the learned counsel for the petitioner and learned APP for the State.
2. The petitioner makes a prayer for bail in connection with Khudwan P.S Case No.08 of 2024 registered for offences under Section 25(1-b) and 26 of the Arms Act.
3. The brief facts of the case are that on 23.01.2024 at about 14:00 hours, the informant along with the Police personnel raided the house of the petitioner in connection with Khudwan P.S Case No.08 of 2024 and during such raid, search and seizure process was done and a gun and 3 live cartridges were recovered from the alleged bedroom of the petitioner.
4. It has been submitted by the learned counsel for the petitioner that he has been falsely implicated in the present case
Patna High Court CR. MISC. No.14246 of 2025(2) dt.19-03-2025 2/3 by the Police personnel and the said recovery has been made from the house at his back. Learned counsel for the petitioner also submits that there is no independent witness to the search and seizure and it would appear from the perusal of the seizure list that only two constables of the patrolling party are the witnesses of the seizure list and hence, there has not been a compliance of Section 100 of the Cr.P.C. It is noticed from the bail petition itself that the petitioner has a long list of cases against him, totaling to 9 cases and other cases are also under the Arms Act.
5. Learned counsel for the petitioner submits that about 7 cases are of the year 2016 and the period before that. It is also pointed out that the petitioner is on bail in all the cases and is languishing in custody since 22.04.2024. The learned counsel for the petitioner also informs this Court, on instructions, that charges have already been framed in this case.
6. Considering the period of custody and that charges have already been framed, the petitioner is 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 Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Khudwan P.S Case No.08 of 2024, subject to
Patna High Court CR. MISC. No.14246 of 2025(2) dt.19-03-2025 3/3 the following conditions:
(i) One of the bailors shall be own/close member of the family of the petitioner.
(ii) The petitioner shall cooperate in the investigation and shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (Soni Shrivastava, J) sharun/- U T