Guddu Kumar @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32154 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- MAHISHI District- Saharsa ====================================================== Guddu Kumar @ Niraj Kumar S/o- Arun Kumar Yadav Village- Baghwa W.No-9, Ps- Mahishi Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rashmi Jha, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. A prayer for bail has been made on behalf of the petitioner in connection with Mahishi P.S. Case No.68 of 2025 registered for the offence under sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per prosecution case, the informant states that a secret information having been received that some accused persons assembled in a room of Shankar Fertilizer Seed Store to commit some crime, the police party conducted a raid and caught the accused at the spot. Upon search, one pistol made in U.S.A and three live cartridges were recovered from the alleged place.

4. It is submitted by learned counsel for the petitioner that the recovery has been made from a room of Shankar Fertilizer

Patna High Court CR. MISC. No.32154 of 2025(2) dt.19-05-2025 2/2 Seed Store and the proprietor of the said store has admitted his guilt in his confessional statement. Learned counsel for the petitioner further submits that no incriminating article has been recovered from physical or conscious possession of the petitioner. Moreover, there is no independent witness to the seizure list further indicating violation of mandatory provisions of the B.N.S.S, 2023. The petitioner is in custody since 05.03.2025 and has no criminal antecedent. He undertakes to co-operate in the case/trial.

5. The application for bail is opposed by learned APP for the State.

6. Considering the entire facts and circumstances of the case, the petitioner is directed to be enlarged on bail in connection with Mahishi P.S. Case No.68 of 2025 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 Chief Judicial Magistrate, Saharsa on the condition that in case charge-sheet has not been submitted, the petitioner would cooperate in the investigation till submission of the charge-sheet. (Soni Shrivastava, J) Harsh/- U T