Patna High CourtCR. MISC./63507/2025bail granted

Saurav Kumar v. The State Of Bihar

2025-12-16Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63507 of 2025 Arising Out of PS. Case No.-516 Year-2025 Thana- PIRBAHOR District- Patna ====================================================== Saurav Kumar S/o Ganesh Kumar Mehta R/o Mohalla- Musallahpur Hatt Middle School, P.S.- Pirbahore, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-12-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Pirbahore P.S. Case No. 516 of 2025, instituted for the offences under Sections 25(1-B)(a) and 26 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case, in short, is that on 03.07.2025 Police personnel received secret information regarding business of illegal liquor operated from a house behind Musallahpur Haat Middle School. The police personnel reached on the said place and petitioner has been arrested. On search, two illegal country made pistol and 16 live cartridges were recovered from the room. Besides arms and ammunitions, 8.640 litres of foreign liquor were recovered.

Patna High Court CR. MISC. No.63507 of 2025(4) dt.16-12-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner further submitted that the recovery has been made from joint house of the petitioner, where other family members also reside. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.07.2025 and has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned A.P.P. 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 as also 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, after framing of charge, if not already framed, 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 Pirbahore P.S. Case No. 516 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.63507 of 2025(4) dt.16-12-2025 3/3 (I) One of the bailors shall be own/close member of the 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) manish/- U T