Sahanawaj @ Shahanawaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60613 of 2025 Arising Out of PS. Case No.-102 Year-2025 Thana- KISHANGANJ District- Kishanganj ====================================================== Sahanawaj @ Shahanawaz S/O Hir Mohammad R/O Vill.- Odra, P.S.- Kishanganj, District- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Kishanganj P.S. Case No. 102/2025 registered for the offences punishable under Sections 25(1-b)a, 26/35 of the Arms Act.

3. As per prosecution case, there was alleged recovery of one country made pistol and two live cartridges from co-accused Sarfaraj Alam. Apprehended co-accused disclosed that he received the said arms and ammunition from the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. The petitioner is not apprehended on the spot and

Patna High Court CR. MISC. No.60613 of 2025(3) dt.24-11-2025 2/3 nothing has been recovered from the possession of the petitioner. Except disclosure of co-accused, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. The petitioner bears no criminal antecedent.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner and submitted that the petitioner is FIR named accused and he cannot escape from the allegation made in the FIR.

6. Considering the facts and circumstances of the case, nothing has been recovered from the possession of the petitioner, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 102/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

Patna High Court CR. MISC. No.60613 of 2025(3) dt.24-11-2025 3/3

7. The application stands allowed.

(Alok Kumar Pandey, J) amitkumar/- U T