Bhim Kumar @ Bheem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51968 of 2025 Arising Out of PS. Case No.-291 Year-2025 Thana- ARA NAGAR District- Bhojpur ====================================================== Bhim Kumar @ Bheem Kumar S/O Lavkush Singh Resident of Village- Bara, P.S.- Sandesh, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a 26, 35 of the Arms Act.

3. The allegation in the first information report is that of recovery of one loaded country made pistol with four live cartridges from the possession of the petitioner.

4. Learned counsel for the petitioner submits that as a matter of fact, no recovery has been made from his possession and the mandatory provisions of search and seizure have been violated as there is no independent witness to the seizure list. The arrest of the petitioner is only based upon suspicion and the petitioner is in custody since 07.05.2025.

5. Learned APP for the State has opposed the

Patna High Court CR. MISC. No.51968 of 2025(4) dt.05-12-2025 2/2 application for bail on the ground of their being one criminal antecedent. However, in response, it has been submitted that it is not of similar nature and the petitioner is on bail in the said case.

6. Considering the facts and circumstances that the petitioner has remained in custody since 07.05.2025 and the charge-sheet has been submitted, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ara Nagar P.S. Case No. 291 of 2025, subject to the conditions that: (I) One of the bailors would be the family member or relative.

(II) The petitioner would appear physically on each and every date in the learned court below and would cooperate in the conclusion of trial and if the petitioner does not appear on two consecutive dates without any substantial and satisfactory reason, the learned court below would be at liberty to cancel his bail bonds.

(Soni Shrivastava, J) devendra/- U T