Saurav Kumar @ Saurab Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36115 of 2025 Arising Out of PS. Case No.-94 Year-2025 Thana- SAHARSA SADAR District- Saharsa ====================================================== Saurav Kumar @ Saurab Kumar S/o Rabindra Sharma Resident of VillageDhamasaini, Ward No. 09/46, P.S.- Saharsa Sadar, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 94 of 2025 instituted for the offence under Sections 25(1-B)(a) & 26 of the Arms Act. 3.

Prosecution case in short is that there is recovery of one country made pistol from the possession of the petitioner. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19-01-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.36115 of 2025(2) dt.16-06-2025 2/2 case. It is submitted that petitioner has no concern with the recovered arms. Nothing incriminating has been recovered from the physical possession of the petitioner, rather petitioner has become the victim of the circumstances. There is no compliance of Section 103 of the BNSS, 2023. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Saharsa Sadar P.S. Case No. 94 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T