Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31625 of 2025 Arising Out of PS. Case No.-487 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== Vishal Kumar S/O Bablu Ram Resident of Village- Gadokhar Post Kadma, P.S- Hazaribagh, Distt.- Hazaribagh, State- Jharkhand. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Niranjan Parihar, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Belanj P.S Case No. 487/2024 dated 18.08.2024 registered for the offence punishable u/s 317(5) of the Indian Penal Code and Sections 25(1-B)(a), 25(8), 26, 35 and 25 of the Arms Act.
3. As per the prosecution case, the police party conducted a raid in the house of the suspect Anuj Chaudhary in Manikpur village and six double barrel guns, two country made pistols, 12 bore cartridges, 12 gauge 70 mm cartridge rifle slug and a cash of Rs. 3,74,500/- were recovered and some of the accused fled away from the place of occurrence, however, the
Patna High Court CR. MISC. No.31625 of 2025(2) dt.18-07-2025 2/3 co-accused, Minta Devi was apprehended. Following the information of the co-accused, Minta Devi, further raids were conducted and one rifle with an empty magazine was recovered from the Scorpio and a country made pistol and 42 cartridges were recovered from the two motorcycles. It is further alleged that the petitioner and the co-accused persons were also apprehended and total 944 cartridges were recovered from the locations they disclosed.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The other co-accused persons have already been granted regular bail by this court vide order dated 22.04.2025 passed in Cr. Misc. No. 89393/2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the petitioner is the owner of one of the seized motorcycles from which 36 live cartridges were recovered.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.31625 of 2025(2) dt.18-07-2025 3/3 of the case as well as the material available on the record, I am of the view that no case for grant of anticipatory bail is made out. The petition is rejected and the petitioner is directed to surrender to the Court below within six weeks from the date of this order and the Court below may consider the prayer of the bail of the petitioner in accordance with law and on its own merits without being prejudice by this order. (Chandra Prakash Singh, J) atul/- U T