Bhim Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14497 of 2025 Arising Out of PS. Case No.-278 Year-2024 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Bhim Kumar Son of Bira Mahto Resident of Village-Dalsagar, P.S- Industrial Area, Distt.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rishi Sinha For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. This is the first regular bail application of the petitioner seeking his regular bail in connection with Industrial P.S. Case No.278 of 2024 registered for the offence under Sections 25(1-B)(a) and 26 of the Arms Act.

3. According to the case of prosecution, on 20.11.2024 at about 15:10 hours the SHO of the Industrial Police Station at Buxar during course of investigation in Town P.S. Case No. 630 of 2024 reached at the house of the present applicant and on being searched from the house two countrymade pistols kept in attachhi and allegedly one mobile phone has also been recovered from the present applicant. Offence has been registered against the petitioner and he has been taken in

Patna High Court CR. MISC. No.14497 of 2025(3) dt.12-05-2025 2/3 custody since 29.11.2024 and since then he is in custody.

4. It is submitted by the learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in the present case. The house in question from where the country-made pistols were seized is not in exclusive possession of the present applicant where joint family of the petitioner is residing. Therefore, the offence, as registered by the prosecution, is not made out. Lastly, he submits that the present applicant is in custody since 29.11.2024 and the trial will take much time, therefore, on these grounds, it is prayed that the petitioner may be granted benefit of bail.

5. Learned counsel for the State opposes the arguments raised by the counsel for the petitioner.

6. Heard.

7. Perused the case diary and other materials available on record.

8. Considering the submissions made by the counsel for the petitioner and particularly considering the detention period of the petitioner, I am of the view that it is a case where the petitioner should be granted benefit of bail.

9. Accordingly, the application is allowed.

10. The petitioner, above named, be released on bail

Patna High Court CR. MISC. No.14497 of 2025(3) dt.12-05-2025 3/3 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar, in connection with Industrial P.S. Case No.278 of 2024.

(Arvind Singh Chandel , J) shailendra/- U T