Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22643 of 2025 Arising Out of PS. Case No.-853 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Anuj Kumar S/o Shri Gayanath Singh R/o Village- Harnahi, P.O. and P.S.- Jagdishpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 27-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Nawada P.S. Case No. 853 of 2024 registered for the offences under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. The police lodged a written report stating therein that a team was formed and during checking of the vehicles, three persons on a motorcycle were stopped and apprehended. The apprehended accused persons disclosed their names as Anuj Kumar (petitioner), Rajnish Kumar and Rahul Kumar. On search, a country made loaded pistol was recovered from the petitioner along with one live cartridge and a mobile.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and no such

Patna High Court CR. MISC. No.22643 of 2025(3) dt.27-05-2025 2/3 seizure as alleged has been made. It has also been stated that there is no independent witness to the so-called seizure made on the petitioner. It has further been submitted that the petitioner though has one criminal case against his name, he is in custody since 21.11.2024 in the present case.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner and has stated that the petitioner was apprehended with country made pistol and a live cartridge.

6. Considering the aforesaid submissions and taking into account that the petitioner is in custody since 21.11.2024, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Nawada P.S. Case No. 853 of 2024 subject to the conditions :- (i) One of the bailors of the petitioner shall be his close relative.

(ii) The petitioner shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail,

Patna High Court CR. MISC. No.22643 of 2025(3) dt.27-05-2025 3/3 the bail bond of the petitioner will be liable to the cancelled by the court concerned.

(iv) The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) Neha/- U T