Aniket Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39028 of 2025 Arising Out of PS. Case No.-203 Year-2025 Thana- AMARPUR District- Banka ====================================================== Aniket Kumar Son of Muneshvar Das, Resident of Village- Vishvammarchak, Fatehpur, P.S.- Amarpur, District -Banka.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjeev Kumar, Advocate For the Opposite Party :

Mr. Ganesh Prasad Singh, 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 Amarpur P.S. Case No. 203 of 2025 dated 21.03.2025, registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, video of the petitioner brandishing a fire-arm went viral. The Police apprehended the petitioner who then disclosed that the fire-arm belongs to coaccused Suraj Kumar. A raid was conducted at the house of Suraj Kumar and recovery of a loaded country made pistol with one live cartridge was made from the said house. Apart from that, one more live cartridge of .303 bore was recovered.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.39028 of 2025(2) dt.25-06-2025 2/3 been implicated in the present case. The petitioner has been apprehended merely on the allegation that he was found to be brandishing a fire-arm in a video which was made viral. Nothing incriminating has been recovered from the person or possession of the petitioner and as per FIR, the recovery has been made from the house of co-accused Suraj Kumar. The petitioner has nothing to do with the said recovery. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 23.03.2025.

5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from this petitioner of any fire-arm or ammunition and further considering the submission of chargesheet and his period of custody, the petitioner, abovenamed, 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, Banka / concerned Court, in connection with Amarpur P.S. Case No. 203 of 2025, subject

Patna High Court CR. MISC. No.39028 of 2025(2) dt.25-06-2025 3/3 to the condition laid down under Section 480(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