Narsingh Pathak @ Akhileshwar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16146 of 2025 Arising Out of PS. Case No.-465 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== Narsingh Pathak @ Akhileshwar Pathak S/O Late Raghunath Pathak R/O Vill.- Patkhauli, P.S- Kateya,Dist.- Gopalganj, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Smdarshi, Advocate Mr. Prince Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-04-2025 Heard the learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in connection with Kateya P.S. Case No. 465 of 2024 registered for offences under Sections 190(1), 351(3), 352, 3(5) of the BNS and under Section 25(1-b)a, 26, 27 and 35 of the Arms Act.

3. As per the prosecution case, the petitioner is alleged to have fired from the rifle during a land dispute and the bullet did not hit anybody.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence. There is case and counter case. There is a land dispute between the parties. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.16146 of 2025(2) dt.02-04-2025 2/2

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case, this application for anticipatory bail is allowed.

7. Accordingly, let the petitioner, above-named, in the event of his arrest or surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gopalganj/concerned court below in connection with Kateya P.S. Case No. 465 of 2024 subject to the conditions as laid down under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 and with further condition that:- i). Before accepting the bail-bonds of the petitioner, the Court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, then the bailbonds of the petitioner shall be accepted. If the petitioner is found having criminal antecedent(s), then his bail-bonds shall not be accepted by the court below.

8. This application for anticipatory bail is allowed. (Sandeep Kumar, J) Shishir/- U T