Lalan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58287 of 2025 Arising Out of PS. Case No.-63 Year-2025 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Lalan Jha son of Late Sudeswar Jha Resident of Village- Lagama Ward No 07, PS- Sonbarsa Raj,Dist -Saharsa Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Pandey For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-09-2025

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(1-B)a, 26(1), 26(2), 35 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is aged about 73 years and the informant alleges that he received secret information that Gaurav has brought arms and kept in the house of petitioner's brother, further petitioner on seeing the arms brought the same to his house, next alleges that house of petitioner was raided but nothing was recovered, thereafter house of petitioner's brother namely Daya Jha was raided from where several arms including carbine and cartridges were

2/4 recovered but the petitioner fled.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in the instant case by the informant based on suspicion. It is next submitted that petitioner prior to his retirement was working with Tata Refractories Limited, Odisha. It is next submitted that even petitioner was residing at Odisha and he even has his house built at Jamkani, Belpahar, Odisha. The learned counsel next submits that petitioner after his retirement though was residing at Odisha but then thought of constructing a house at his village, accordingly, the petitioner came to his village and constructed a house which was not to the liking of the villagers. It is also submitted that even his brother has a house in the village but then he resides at Odisha.

It is further submitted that petitioner of and on resides either at Odisha or at the village. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant alleges that he had secret information that Gaurav brought arms and concealed in the house of the brother of the petitioner. It is submitted that since his brother was not staying in his house as such it appears that it was being used slyly by Gaurav to conceal arms and ammunition.

3/4 also raided but then nothing was recovered from his house rather the recovery was made from the house of his brother but then he came to be implicated in the instant case during the course of investigation as villagers out of ill will stated before the police that his brother is residing at Odisha and the room from which arms and ammunition has been recovered is being used by the petitioner as a kitchen. It is submitted that a person who is now nearing his grave and has remained a person with clean antecedent all through out and had a blemishless service with TATA's, all of a sudden has been made a criminal. It is next submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sonbarsa Raj P.S.

4/4 Case No.63/2025, subject to the conditions as laid down under Section 482(2) B.N.S.S.

(Satyavrat Verma, J) amit/- U T