Abhishek Pandey@Abhishek Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66483 of 2025 Arising Out of PS. Case No.-328 Year-2025 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Abhishek Pandey@Abhishek Kumar Pandey Son of Mr. Sanjit Kumar Pandey R/O Village- Jafarpur Fulwariya, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate Mr. Purushottam Kumar, Advocate For the Opposite Party/s:

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sadar P.S. Case No. 328 of 2025 instituted for the offence under Section 25(1-b)a of the Arms Act.

3.

The prosecution case in brief is that on 22.04.2025, accused petitioner and Deepak Kumar Singh led the police on the basis of confession to an under-construction apartment at Rewa Road, where a country-made pistol with two cartridges was recovered from a ditch.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21-05-2025. Petitioner

Patna High Court CR. MISC. No.66483 of 2025(2) dt.24-09-2025 2/3 bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that petitioner has no concern with the recovered arms. Nothing has been recovered from the conscious possession of the petitioner. There is no independent witness to the occurrence. There is no compliance of Section 103 of the BNSS, 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar P.S. Case No. 328 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.66483 of 2025(2) dt.24-09-2025 3/3 (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