Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51181 of 2025 Arising Out of PS. Case No.-416 Year-2021 Thana- GAYA MUFASIL District- Gaya ====================================================== Anil Kumar S/O Suresh Ravidas Resident of Village- Harijan Dharmshala, Manpur, P.S- Buniyadganj, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindhyachal Singh, Sr. Advocate Mr. Vipin Kumar Singh, Advocate Ms. Nikita Mittal, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Gaya (Muffasil) P.S. Case No. 416 of 2021 instituted for the offence under Sections 25(1-b)a, 26(2) & 35 of the Arms Act. Earlier regular bail of the petitioner was rejected vide order dated 20-12-2024, passed in Cr. Misc. No. 76286 of 2024 by a Coordinate Bench of this Court with a liberty to renew his prayer after framing of the charge.

3.

One country made pistol along with five live cartridges as well as four motorcycles were recovered from the place of occurrence.

Patna High Court CR. MISC. No.51181 of 2025(2) dt.25-07-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15-05-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that charge sheet in the present case was filed against the petitioner on 30-06-2024, whereafter, court below took cognizance of the offence on 03-04-2025. Subsequently, charges were framed against the petitioner on 25-04-2025. Other co-accused has been granted bail by this Court vide order dated 02-04-2025, passed in Cr. Misc. No. 18822 of 2025.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and charge being framed, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.51181 of 2025(2) dt.25-07-2025 3/3 Court below/concerned Court in connection with Gaya (Muffasil) P.S. Case No. 416 of 2021.

(Rudra Prakash Mishra, J) Raj Kishore/- U T