Chhote Miya @ Kalim @ Md. Kalim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58040 of 2025 Arising Out of PS. Case No.-278 Year-2023 Thana- ISUAPUR District- Saran ====================================================== Chhote Miya @ Kalim @ Md. Kalim S/o Bigu Miya R/o - Nautan Mathiya, P.S - Marhaura, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Shekhar Harshvardhan, Advocate For the State :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 413, 414 and 34 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. The prosecution story, in brief, is that one Mihir Kumar, S.H.O. of Isuapur Police Station was on patrolling duty and reached at canal road of village Nipaiya and saw two boys riding on a motorcycle and after seeing the police party, tired to flee away. Thereafter, both of them were apprehended and on
Patna High Court CR. MISC. No.58040 of 2025(2) dt.30-08-2025 2/3 search, one country made pistol and two live cartridges were recovered. On interrogation, co-accused Ranjeet Kumar told that one stolen motorcycle was sold to this petitioner.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case merely on the basis of confessional statement of coaccused persons who was apprehended at the spot. No stolen article has been recovered from possession of this petitioner and he has got no criminal antecedents of similar nature.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case and nature of accusation, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Saran at Chapra in
Patna High Court CR. MISC. No.58040 of 2025(2) dt.30-08-2025 3/3 connection with Isuapur P.S. Case No. 278 of 2023, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T