Punanand Mistri @ Badhai @ Punand Badhai @ Punand Badai @ Punanand Badhai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53320 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- Darhar District- Saharsa ====================================================== Punanand Mistri @ Badhai @ Punand Badhai @ Punand Badai @ Punanand Badhai S/o Laxman Badhai R/o Vill- Kathiyahi, Ward No. 03, P.S.- Darhar, Distt- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 25(1-A), 25(1-AA), 25(1B), 25(1-B)a, 26 and 35 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that he got secret information that Bikash and petitioner are manufacturing gun in their shop, accordingly, the informant reached the place of occurrence and Bikash was apprehended who disclosed about the petitioner who fled away. Further, on search, many half made country made pistol along with parts of pistol and live cartridges were seized.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the

Patna High Court CR. MISC. No.53320 of 2025(2) dt.18-08-2025 2/2 informant. It is further submitted that petitioner was apprehended at the place of occurrence and his name was disclosed by his son in police custody which does not have any evidentiary value.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that no doubt the name of the petitioner transpired in the confessional statement of his son but then in the FIR it is specifically alleged that many half made country made pistol along with parts of pistol and live cartridges were recovered which amply demonstrates that petitioner is indulging in manufacturing of illegal arms. It is further submitted that the case is in its nascent stages of investigation and if the privilege of anticipatory bail is granted, the petitioner may abscond.

6. Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Darhar P.S. Case No. 11 of 2025, pending in the Court of learned Judicial Magistrate, 1st Class, Saharsa/Successor Court.

7. Hence, the prayer for anticipatory bail is rejected. (Satyavrat Verma, J) Kundan/- U T