Pankaj Kumar @ Paniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39585 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- Chakia District- Begusarai ====================================================== Pankaj Kumar @ Paniya S/o Nago Mahto, R/o Village- Simariya Ghat Bind Toli, P.S- Chakiya, Distt.- Begusarai.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shubhesh Pandey, Advocate For the Opposite Party :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Chakiya P.S. Case No. 19 of 2025 dated 07.03.2025, registered for the offences punishable under Sections 25(1-B)a and 26 of the Arms Act.

3. As per the prosecution case, Police received secret information about a person moving with a katta. The said person was apprehended after chase and katta was snatched from him. It was found to be loaded with one live cartridge. Another cartridge was recovered from the pocket of the apprehended person, who is the present petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Nothing incriminating has

Patna High Court CR. MISC. No.39585 of 2025(2) dt.25-06-2025 2/3 been recovered from person or possession of this petitioner. The petitioner has no concern with the seized articles. Due to previous criminal antecedents of the petitioner, he has falsely been implicated in the present case. The procedure for search and seizure provided under BNSS has not been followed. Learned counsel next submits that petitioner is having antecedent of six cases and in all these cases he is on bail and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 07.03.2025 .

5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner and submits that petitioner was caught red handed with a loaded katta and live cartridge.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the submission of chargesheet and petitioner's period of custody, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai / concerned Court, in connection with Chakiya P.S. Case No. 19 of 2025, subject to the condition laid down under Section 480(3)

Patna High Court CR. MISC. No.39585 of 2025(2) dt.25-06-2025 3/3 of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(Arun Kumar Jha, J) Shahnawaz/- U T