Sanjeet Nut @ Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59776 of 2025 Arising Out of PS. Case No.-211 Year-2025 Thana- GARKHA District- Saran ====================================================== Sanjeet Nut @ Sanjeet Kumar Son of Late Bachcha Nut @ Bachcha Nat Resident of Village - Patedha, P.S.- Khaira, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mili Kumari, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Garkha P.S. Case No. 211 of 2025, instituted for the offences punishable under Sections 310(4) & 310(5) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B)(a), 26 and 35 of the Arms Act. 3.

The prosecution case, in short, is that, there is recovery of one country made pistol along with one live cartridge from the possession of the co-accused, namely, Shiv Nut, whereas from the possession of the petitioner, there is recovery of one mobile phone and Rs. 500/- cash. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.59776 of 2025(2) dt.27-08-2025 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 24.03.2025 and has got five criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Other co-accused has been granted bail by this Court vide order dated 01-07-2025, passed in Cr. Misc. No. 40022 of 2025.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, claim based on parity and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Garkha P.S. Case No. 211 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.59776 of 2025(2) dt.27-08-2025 3/3 family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T