Md. Saheed @ Saheed Ahmad @ Pappu @ Kana @ Md. Saheed Ahmad @Pappu Kana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28930 of 2025 Arising Out of PS. Case No.-631 Year-2024 Thana- GAYA KOTWALI District- Gaya ====================================================== Md. Saheed @ Saheed Ahmad @ Pappu @ Kana @ Md. Saheed Ahmad @Pappu Kana S/o Md. Nesar Ahmad R/o Vill- Aagbila Chamangali, P.S.- Mufassil, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Ranjan, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kotwali Gaya P.S. Case No. 631 of 2024, instituted for the offences punishable under Sections 310(4), 310(5), 111(2)(b) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B) (a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, there is recovery of two country made pistols from the possession of coaccused person.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.28930 of 2025(2) dt.13-05-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not present at the place of occurrence. Name of the petitioner has transpired in this case on the basis of confessional statement of co-accused, namely, Md. Imteyaz and the same has got no evidentiary value. It is further submitted that no recovery of arms have been made from the possession of the petitioner. The petitioner is in custody since 03.12.2024 and has got one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.28930 of 2025(2) dt.13-05-2025 3/3 below/concerned Court in connection with Kotwali Gaya P.S. Case No. 631 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T