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Patna High CourtCR. MISC./30198/2025allowed

Mirtunjay Kumar @ Mirtunjay Das @ Mritunjay Kumar v. The State Of Bihar

2025-05-19Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30198 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- AMARPUR District- Banka ====================================================== 1.

Mirtunjay Kumar @ Mirtunjay Das @ Mritunjay Kumar S/o Ashok Das R/o Mainma, P.S.- Amarpur, Distt.- Banka 2.

Jainandan Das @ Jainandan Dasa S/o Binod Das @ Vinod Das R/o Mainma, P.S.- Amarpur, Distt.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in connection with Amarpur P.S. Case No. 09 of 2025 registered for the offence punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that from the possession of the petitioner no. 1, one loaded country made pistol and 9 live cartridges were recovered. As far as petitioner No. 2 is concerned, from his possession, 10 live cartridges were recovered.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this

Patna High Court CR. MISC. No.30198 of 2025(2) dt.19-05-2025 2/2 case. Counsel submits that they have no concern with the alleged recovery. Nothing has been recovered from the possession of these petitioners. He also submits that seizure list has not been framed. He further submits that the petitioners are languishing in judicial custody since 04.01.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioners are having criminal antecedent of one case.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 09 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T