Mahesh Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17393 of 2025 Arising Out of PS. Case No.-545 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Mahesh Kumar Sahani Son of Ramji Sahani Resident of Village - Usti, P.S. - Paroo, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar, Advocate For the State :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-04-2025 Heard Mr. Raju Kumar, learned counsel for the petitioner and Mr. Dashrath Mehta, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Sahebganj P.S. Case No. 545 of 2024, F.I.R. dated 28.10.2024 registered for the offences punishable under Sections 310(4), 310(5), 317(5) of the B.N.S., 2023 and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The case relates to recovery of a number of arms and ammunition.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case on the basis of his previous criminal antecedent. As per allegation in the F.I.R. the petitioner was arrested by the police on the spot and thereafter he escaped from the place of

Patna High Court CR. MISC. No.17393 of 2025(2) dt.21-04-2025 2/2 occurrence and he was caught hold by the police along with other associates and country made pistols, live cartridges, mobiles and motorcycle were recovered from the possession of his associates.

5. Learned APP for the State, on the other hand, opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner escaped from the place of occurrence and a number of arms and ammunition were recovered from his associates and also petitioner carries two more cases other than the present one.

6. Considering the aforesaid facts and circumstances of the case and the fact that although the petitioner has been arrested by the police on the spot and he escaped from the place of occurrence as well as a number of arms and ammunition were recovered, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Sahebganj P.S. Case No. 545 of 2024 pending in the Court of learned Judicial Magistrate 1st Class, Court No. 4, Muzaffarpur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T