Hemant Kumar @ Hemal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57739 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- VAINI District- Samastipur ====================================================== Hemant Kumar @ Hemal Kumar Son of Ajay Sah Resident of Village - Jahangirpur, Sadikpur Morau, P.S.- Sakra, District - Muzaffarpur (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anirudh Kumar Sinha For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-08-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Waini @ Vaini P.S. Case No. 38 of 2025 registered for the offence under Sections 25(1-b)a, 26 & 35 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused were caught on a motorcycle and the recovery is of one country made pistol and two empty cartridges and one motorcycle from the co-accused Vivekanand Kumar.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner is in custody since 28.05.2025. He further submits that nothing incriminating has been recovered from the petitioner. He lastly submits that the petitioner is accused in one

Patna High Court CR. MISC. No.57739 of 2025(2) dt.27-08-2025 2/2 case i.e., Waini P.S. Case No. 37 of 2025.

5. Learned A.P.P. appearing for the State has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate-1, Samatipur/concerned Court below in connection with Waini P.S. Case No. 38 of 2025 subject to condition that:- (i)Before accepting the bail-bonds of the petitioner, the court below will verify the antecedent of the petitioner. If the petitioner is found having more criminal antecedents except Waini P.S. Case No. 37 of 2025, then his bail bonds shall not be accepted. If the petitioner is found having one criminal antecedent i.e., Waini P.S. Case No. 37 of 2025, then his bail bonds shall be accepted by the Court below.

(Sandeep Kumar, J) Shishir/- U T