Sumant Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34136 of 2025 Arising Out of PS. Case No.-794 Year-2024 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Sumant Kumar Yadav S/o Late Amarjit Yadav R/o Village- Tirbirwa, P.S.- Gopalganj, District- Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-09-2025 Heard Mr. Subhesh Pandey, learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. The accused/petitioner seeks bail in connection with Gopalganj P.S. Case No. 794 of 2024 registered for the offences under Sections 25(1-B)a, 26 of the Arms Act.

3. The accused/petitioner is named in the First Information Report and is in custody since 06.11.2024.

4. As per FIR, allegation against petitioner is to have in possession of one country made pistol with four live cartridges.

5. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner was wrongly

Patna High Court CR. MISC. No.34136 of 2025(3) dt.16-09-2025 2/3 apprehended in Gopalganj P.S. Case No. 80/2018, where learned trial court found the detention of petitioner illegal and treated him as a victim awarded Rs. 1 Lakh as compensation, whereafter police by taking revenge and to justify the arrest of petitioner with Gopalganj P.S. Case No. 80/2018, implicated him in four another criminal cases including present one.

6. It is pointed out that recovery of country made pistol and four live cartridges not appears to be made from conscious physical possession of this petitioner, where seizure list appears doubtful as same appears supported by two home-guard personnel.

7. While concluding argument, it is submitted that investigation of this case is already completed, charge-sheet has been submitted and as such, there is no chance of tampering with the evidence.

8. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

9. In view of aforesaid factual submission and by taking note of the fact that as recovery of country made pistol

Patna High Court CR. MISC. No.34136 of 2025(3) dt.16-09-2025 3/3 and four live cartridges prima facie appears doubtful from conscious physical possession of this petitioner, coupled with the fact that petitioner remains in custody since 06.11.2024, where investigation of this case is already completed, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Gopalganj/concerned court, in connection with Gopalganj P.S. Case No. 794 of 2024, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T