Patna High CourtCR. MISC./17540/2025bail granted

Salman Ansari v. The State Of Bihar

2025-03-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17540 of 2025 Arising Out of PS. Case No.-423 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== Salman Ansari S/O Afroj Alam Resident of Vill- Mansha Dubey Patakhauli, P.S.- Bairiya, Dist- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bairiya P.S. Case No. 423 of 2024, instituted for the offences punishable under Section 353(1)(b) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 25(9) and 27 of the Arms Act.

3. The prosecution case, in short, is that, photograph of two youths including the petitioner having fire arms was made viral over social media and on the basis of the said photograph the petitioner was apprehended by the police.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.17540 of 2025(2) dt.24-03-2025 2/2 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that no any arms have been recovered from the possession of the petitioner. The petitioner has got no concern with the alleged incident. The petitioner is in custody since 03.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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 and taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bairiya P.S. Case No. 423 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T