Shailesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23684 of 2025 Arising Out of PS. Case No.-670 Year-2021 Thana- Kadirganj P.S. District- Nawada ====================================================== Shailesh Kumar Son Of Late Vishnu Rajvanshi Resident Of Village- College Road, Rajgir, P.S.- Rajgir, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Deo Raj, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Kadirganj Nagar (Town) P.S. Case No. 670 of 2021, registered on 28.06.2021, for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per the prosecution, the FIR has been lodged against three named accused persons, excluding the petitioner. Arms were recovered from the possession of one of the accused persons while they were moving on a motorcycle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the FIR was lodged in the year 2021, in which the petitioner's name has come because the motorcycle
Patna High Court CR. MISC. No.23684 of 2025(2) dt.05-05-2025 2/3 on which the criminals were arrested was registered in the petitioner's name. Counsel further submits that the said seized motorcycle had already been sold by the petitioner in the year 2017 to one Nandu Dom, and a copy of the sale document has been attached with the bail application. Counsel further submits that the only mistake made by the petitioner was that the said seized motorcycle could not be registered on the name of the purchaser, although he had sold the motorcycle and handed over the relevant documents. Counsel also submits that the criminal antecedent of the petitioner is not clean, as there is one criminal case pending against him.
5. Learned APP for the State opposes the prayer for bail.
6. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Nawada, in connection with Kadirganj Nagar (Town) P.S. Case No. 670 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. It is made clear that the petitioner, at the time of
Patna High Court CR. MISC. No.23684 of 2025(2) dt.05-05-2025 3/3 surrendering, shall produce the certificate/document to the Court which will ensure that he is not absconding in the case, namely, Warsaliganj P.S. Case No. 201 of 2021, pending against him. (Dr. Anshuman, J.) Aman Kumar/- U T