Bali Sahni @ Bali Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62034 of 2025 Arising Out of PS. Case No.-287 Year-2025 Thana- ALAMGANJ District- Patna ====================================================== Bali Sahni @ Bali Kumar S/O Shatrudhna Prasad R/O Gud Ki Mandi, Pitambara Mandir Colony, P.S.- Alamganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Alamganj P.S. Case No. 287 of 2025 registered for the alleged offences under Sections 223 and 292 of Bharatiya Nyaya Sanhita, 2023 and Section 25(1-b)a, 25(9) and 27 of the Arms Act.

03. As per prosecution case, two motorcycle borne miscreants were found involved in celebratory firing by some small firearm. Co-accused, Amit Kumar, was apprehended who disclosed the name of the petitioner as the person who opened fire in air.

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

Patna High Court CR. MISC. No.62034 of 2025(2) dt.10-09-2025 2/3 case. Nothing incriminating has been recovered from the person or possession of this petitioner. Two empty cartridges were found from the place of occurrence but no firearm was recovered from this petitioner and it cannot be said with certainty that the cartridges were used in the firearm. The petitioner has been identified on the basis of CCTV footage as well as confessional statement of co-accused, Amit Kumar, and except for this, there is no other cogent material to show the involvement of the petitioner in the firing. Learned counsel further submits that the petitioner is having antecedent of one case. The petitioner is in custody since 27.05.2025 and chargesheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from this petitioner and further considering the lack of substantive material to connect the petitioner with the offence as alleged and also considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.62034 of 2025(2) dt.10-09-2025 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Patna City/court concerned in connection with Alamganj P.S. Case No. 287 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T