Jain Malik @ Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34493 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Jain Malik @ Sonu S/o- Md. Akil Village- Azadnagar Ps- Aurangabad Town Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-06-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The present Criminal Miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "the BNSS") for seeking regular bail in connection with Aurangabad Town P.S. Case No.08 of 2025 lodged on 05.01.2025 under Sections 25(1-B)(a) and 26 of the Arms Act, 1959.
3. As per the prosecution, the F.I.R. has been lodged against the petitioner against whom there is allegation of recovery of one country made pistol from his waist.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits
Patna High Court CR. MISC. No.34493 of 2025(2) dt.03-06-2025 2/2 that the petitioner is falsely implicated in the present case and nothing has been found from his possession.
5. Learned Counsel also submits that the petitioner is in custody since 06.01.2025 and his antecedent is clean. He further submits that petitioner is a student of graduation and this aspect may be taken into consideration.
6. Learned APP for the State opposes the prayer for bail.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, if not framed, 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, Aurangabad in connection with Aurangabad Town P.S. Case No.08 of 2025, subject to the following conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Dr. Anshuman, J.) Prakashmani/- U T