Lav Kush Kuamr v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44913 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- DARIGAON District- Rohtas ====================================================== Lav Kush Kuamr S/o Late Sanjit Mahto, Resident of VillageSappulahganj, PS- Sasaram (T), District- Rohtas. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Dariagaon P.S. Case No. 41 of 2025, dated 06.04.2025 registered for the offencess punishable under Sections 25(1-b)a, 26, 35 and 27 of the Arms Act.

3. As per the prosecution case, on 06.04.2025 at about 09:30 PM, while returning from a procession at Qadirganj, the informant heard sound of firing. When he reached there with villagers he saw in the light of torch of mobile that the petitioner and one Raja Kumar were talking about killing while

Patna High Court CR. MISC. No.44913 of 2025(2) dt.30-07-2025 2/3 carrying weapons in their hands. With the help of villagers both the petitioner and Raja Kumar were caught and from the possession of the petitioner a country made pistol and two live cartridges were recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case by the informant. In fact, the petitioner is on inimical terms with the informant and the informant along with others caught the petitioner and handed him over to the police with illegal arms which does not belong to the petitioner. The petitioner has no concern with the alleged recovery of fire-arms. The alleged recovery was not made by the police, rather it was stated by the informant that the said fire-arms were recovered from the petitioner. As the recovery is not made by the police, no case under Sections 25(1-b)a of the Arms Act is made out. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 07.04.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as petitioner's period of

Patna High Court CR. MISC. No.44913 of 2025(2) dt.30-07-2025 3/3 custody, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Dariagaon P.S. Case No. 41 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shahnawaz/- U T