Manohar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46970 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- AMARPUR District- Banka ====================================================== Manohar Pandit S/o Lakshman Pandit R/o Village- Pawaidih, P.S.- Amarpur, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha For the Opposite Party/s :

Mrs. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 10-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Amarpur P.S. Case No. 67/2025, corresponding to G.R. Case No. 67/2025 registered for the offences punishable under Sections 25(1-b)a, 26 & 35 of the Arms Act.

3. As per prosecution case, on 30.01.2025 on the basis of confessional statement of co-accused Mithun Yadav was recorded in connection with Amarpur P.S. Case No. 10/2025 and the informant/SHO of Amarpur Police Station conducted raid in the house of the petitioner. During course of raid, the petitioner managed to flee from the spot. On search, there was alleged recovery of one 9 MM country made pistol, one double barrel country made pistol, one country made pistol

Patna High Court CR. MISC. No.46970 of 2025(4) dt.10-11-2025 2/3 and 17 live cartridges from the house of the petitioner and seizure list was prepared accordingly.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this due to dirty village politics. He further submits that prudently and pragmatically, it cannot presumed that none of the members of family was present when the informant conducted search in the house. The police has taken extraneous consideration and filed false case against the petitioner who is the respectable and reputed person of the locality. He further submits that the manner in which recovery was executed is totally mechanical approach of the police. The petitioner is not in any way connected with the alleged occurrence. Though, the petitioner bears one criminal antecedent, but the police has submitted final form in that case.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner and submitted that there is alleged recovery of one 9 MM country made pistol, one double barrel country made pistol, one country made pistol and 17 live cartridges from the house of the petitioner are quite evident from the story of prosecution and the petitioner cannot

Patna High Court CR. MISC. No.46970 of 2025(4) dt.10-11-2025 3/3 escape from the allegation made in the FIR.

6. Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner coupled with recovery as well as material available on record, I am not inclined to grant privilege of anticipatory bail to petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is, hereby, rejected.

(Alok Kumar Pandey, J) amitkumar/- U T