Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32295 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- JAIPUR District- Banka ====================================================== Rakesh Kumar S/o Kirani Yadav R/o Village- Kurumatar, Police StationJaipur, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a, 26/35 of the Arms Act.

3. The prosecution case, as disclosed in the First Information Report, is that the police arrested the petitioner who was an accused in Babarganj P.S. Case No. 05 of 2025 and upon being apprehended, the petitioner himself disclosed that one country made pistol and live a cartridge was concealed by him under a Palash tree whereupon the same was recovered.

4. Learned counsel for the petitioner submits that the recovery of country made pistol and the cartridge is not from the physical and conscious possession of the petitioner and it was rather recovered from an open place. It has subsequently been

Patna High Court CR. MISC. No.32295 of 2025(2) dt.19-05-2025 2/2 introduced by the police that it was the petitioner who confessed and disclosed that the firearms were concealed at the said place. It has also been submitted that the mandatory provisions of the search and seizure have also been violated and as there are no independent witnesses to the seizure list. The petitioner is an accused one other case which is Babarganj P.S. Case No. 05 of 2025 and the present case also arises out of the same case. The petitioner is in custody since 12.01.2025.

5. Learned APP for the State has opposed the application for anticipatory bail.

6. In view of the facts and circumstances of the case, let the above named petitioner, 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 court below where the case is pending/successor court in connection with Jaipur P.S. Case No. 05 of 2025. (Soni Shrivastava, J) devendra/- U T