Mohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23198 of 2025 Arising Out of PS. Case No.-201 Year-2024 Thana- DELHA District- Gaya ====================================================== Mohit Kumar Son of Birendra Kumar Resident of Mohalla - House No. 18 E/28, Inside of Dr. Mahesh Singh, Janta Colony, Bairagi, P.S. - Delha, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Delha P.S. Case No. 201 of 2024 registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, there is alleged recovery of one country made pistol and two live cartridges from the possession of apprehended co-accused Ayush Kumar and he disclosed the name of petitioner and other who fled away from the place of occurrence.

Patna High Court CR. MISC. No.23198 of 2025(3) dt.29-05-2025 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioner. Except disclosure of co-accused, there is nothing on record to connect the petitioner with the alleged occurrence. Apart from that, petitioner bears no criminal antecedent.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, 1st Gaya or successor court in connection with Delha P.S. Case No. 201 of 2024, subject to the

Patna High Court CR. MISC. No.23198 of 2025(3) dt.29-05-2025 3/3 conditions as laid down under Section 482(2) of B.N.S.S. (Alok Kumar Pandey, J) vashudha/- U T