Ankit Rai @ Ankit Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60088 of 2025 Arising Out of PS. Case No.-149 Year-2025 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Ankit Rai @ Ankit Kumar Rai S/o- Rameshwar Rai @ Rameshwar Ray Resident of village- Pandeypatti, P.S- Buxar, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Rai Sharma For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-09-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that Aman was apprehended and a mobile was recovered from him, further the mobile was examined and it was found that Aman had got picture clicked with arms. Further, Aman disclosed that the arms was given to him by petitioner for safe keeping. Thereafter, the house of Aman was searched and the pistol was recovered.
4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.60088 of 2025(2) dt.15-09-2025 2/3 petitioner has been falsely implicated in the instant case by the informant. It is further submitted that the arms was recovered from the house of Aman and he had got a picture clicked with the arms, as such, the arms did not belong to the petitioner. It is further submitted that confession before police does not have any evidentiary value.
5. Learned A.P.P. opposes the anticipatory bail application and submits that no doubt, the name of the petitioner transpired based on confessional statement of co-accused, but then, the arms were recovered from the house of Aman, who disclosed the name of the petitioner. It is also submitted that investigation of the case is in its nascent stages and the petitioner in the anticipatory bail application has not disclosed what he does, as such, the petitioner may abscond on which, the learned counsel for the petitioner submits that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
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, is directed to be released on anticipatory bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar
Patna High Court CR. MISC. No.60088 of 2025(2) dt.15-09-2025 3/3 in connection with Buxar (Muffasil) P. S. Case No.149 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C. with a further condition that one of the bailors of the petitioner shall be his father namely, Rameshwar Rai @ Rameshwar Ray.
7. The application stands allowed.
8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
9. Further, it is made clear that in the event, if chargesheet is filed connecting the petitioner with the offence apart from confession, in that event, the present anticipatory bail order shall come to an end.
10.
Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T