Ajay Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14438 of 2025 Arising Out of PS. Case No.-261 Year-2024 Thana- GOPALPUR District- Gopalganj ====================================================== Ajay Kumar Sah Son of Sri Shrikant Sah Resident of Village- Madhomath, P.S.- Fulwariya, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmveer, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-03-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Gopalpur P.S. Case no. 261 of 2024, registered under sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, it is stated that on search being conducted one country made loaded pistol and six live cartridges were recovered from the three accused persons namely Ashish Kumar, Priyanshu Kumar Goswami and Bittu Kumar Ram. It is stated that on inquiry they disclosed that they had purchased the arms from the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from the petitioner's possession. The only material against him is the statement of a

Patna High Court CR. MISC. No.14438 of 2025(2) dt.28-03-2025 2/2 co-accused made before police. The petitioner has no antecedent under the Arms Act. He undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, the only material against him being the statement of co-accused made before police and no incriminating article having been recovered from the petitioner's possession, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Gopalpur P.S. Case no. 261 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gopalganj. (Partha Sarthy, J) Shiv/- U T