← Library
Patna High CourtCR. MISC./49001/2025bail granted

Naveen Kumar @ Sher Singh v. The State Of Bihar

2025-07-31Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49001 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- SHIVAJINAGAR District- Samastipur ====================================================== Naveen Kumar @ Sher Singh Son of Brahmdev Mandal @ Brahmdeo Singh Village -Rajour P.S- Shivajinagar District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Shivajinagar P.S. Case No. 19 of 2025 instituted for the offence under Sections 310(4) & 310(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-B)A, 26 & 35 of the Arms Act. 3.

As per the prosecution, police received information about a gathering of miscreants at Batyam Kumar's shop and upon reaching the spot, several individuals were apprehended while trying to flee. Multiple Android mobiles and one countrymade loaded pistol were recovered from the accused persons. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27-03-2025. Petitioner

Patna High Court CR. MISC. No.49001 of 2025(2) dt.31-07-2025 2/2 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. As per allegation in the FIR, only one mobile phone is recovered from the possession of the petitioner. No arms is recovered from the petitioner's possession. It is submitted that petitioner has no concern with the recovered arms. There is no compliance of Section 103 of the BNSS, 2023.

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, manner of petitioner's implication and nature of accusation, 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 Court below/concerned Court in connection with Shivajinagar P.S. Case No. 19 of 2025.

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