Nandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34678 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- MAHISHI District- Saharsa ====================================================== Nandan Kumar S/o Ramesh Prasad Sah @ Ramesh Prasad @ Ramesh Sah R/o Vill.- Saharwa, Ward No.- 5, P.S.- Mahishi, Distt.- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s :
Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Mahishi P.S. Case No. 68 of 2025, lodged on 04.03.2025, under Sections 25(1-B)a, 26 & 35 of the Arms Act.
3. As per the prosecution, the police reached on the secret information 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 four accused persons on spot and upon search one pistol and three live cartridges were recovered from the possession of the coaccused, namely, Shankar Kumar Sah.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that three other accused persons were also apprehended in this case. Counsel further submits that the
Patna High Court CR. MISC. No.34678 of 2025(2) dt.04-06-2025 2/2 petitioner has been in custody since 04.03.2025 and has clean criminal antecedents. It is further submitted that no case is made out against the petitioner, as nothing has been recovered from his possession. Counsel also submits that the co-accused persons have already been granted bail by a co-ordinate Bench of this Hon'ble Court vide orders dated 19.05.2025 and 21.05.2025, passed in Cr. Misc. Nos. 32154 of 2025 and 33718 of 2025, respectively.
5. Learned APP for the State opposes the prayer for bail but fairly submits that nothing has been recovered from the possession of the petitioner.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of Chief Judicial Magistrate at Saharsa, in connection with Mahishi P.S. Case No. 68 of 2025, subject to the following conditions as laid down under Section 480(3) of the BNSS.
(Dr. Anshuman, J.) Aman Kumar/- U T