Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65744 of 2025 Arising Out of PS. Case No.-303 Year-2025 Thana- JAMUI District- Jamui ====================================================== 1.

Saurav Kumar, aged about 23 years, Male.

2.

Chhotu Kumar, aged about 20 years, Male.

3.

Rakesh Raj @ Rakesh Kumar @ Baban, aged about 21 years, Male. 4.

Rajesh Kumar, aged about 30 years, Male.

Both Sons of Sandanand Rawat.

Resident of Village - Amba, Ward no. - 3, P.S. - Jamui, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Umesh Prasad, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-11-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Jamui P.S. Case No. 303 of 2025 instituted for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, all the accused/petitioners were apprehended and during search of the house of the petitioners namely Saurav Kumar and Chhotu Kumar, one country made pistol along with four cartridges were recovered from their house. Further, from the house of another petitioners Rakesh Raj and Rajesh Kumar, another country made pistol was recovered which was kept under the tyre of a

Patna High Court CR. MISC. No.65744 of 2025(3) dt.26-11-2025 2/3 tractor, and, thereafter, the same were seized.

4. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence and have falsely been implicated in this case due to previous enmity. He submits that there is no any arms and ammunitions have been recovered from the conscious possession of the petitioners. He further submits that there is no independent witnesses of the seizure list. He next submits that petitioner nos. 1 to 3 are student and preparing competitive examination and petitioner no. 4 is a private engineer. Petitioners is in custody since 06.06.2025.

5. Learned APP opposes the prayer for bail and submits that the petitioners have got criminal antecedents being similar nature of offence, so they did not deserve bail.

6. From perusal of the FIR and impugned order of the learned Principal Sessions Judge, Jamui dated 19.08.2025, it appears that petitioners are named in the FIR. From perusal of the records, it appears that on the basis of written report of the informant ASI namely Munna Kumar Manjhi, FIR has been registered under Sections 25(1-b)a, 26 and 35 of the Arms Act and the allegations are of keeping arms and ammunitions in the house and also kept under the tyre of a tractor. It is clear that

Patna High Court CR. MISC. No.65744 of 2025(3) dt.26-11-2025 3/3 both country made pistol were recovered from the joint possession of each two persons but no separate recovery has been made from them. It also appears that there is no any independent witness of the seizure list, petitioners are in custody since 06.06.2025, so considering all these aspects of the case and submissions of learned counsel for the petitioners, I am inclined to grant bail to the petitioners.

7. Accordingly the prayer for bail of the petitioners are allowed. Let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 303 of 2025.

(Ramesh Chand Malviya, J) Anand Kr.

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