Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66106 of 2025 Arising Out of PS. Case No.-527 Year-2025 Thana- GAYA MUFASIL District- Gaya ====================================================== Navin Kumar, aged about 20 years, Male, Son of Udai Prasad, Resident of Village- Naudiha Khurd, P.S.- Wazirganj, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Muffasil P.S. Case No.527 of 2025 instituted for the offences punishable under Sections 310(4)/310(5) of the BNS, 2023 and Sections 25(1-b)a, 26 and 27 of the Arms Act.

3. As per the prosecution case, after search, two country made pistols and three live cartridges were recovered from both the motorcycles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that the allegation against the petitioner is false, concocted and imaginary. He further submits that petitioner has got no concern with the alleged occurrence. He next submits that nothing

Patna High Court CR. MISC. No.66106 of 2025(2) dt.17-09-2025 2/3 incriminating articles has been recovered from the conscious possession of the petitioner. He lastly submits that the arms and ammunitions has been recovered from two motorcycles in which one of them is in the possession of the petitioner but the petitioner is not the owner of the said motorcycle. He submits that there is no independent witness of the seizure list. Petitioner is in custody since 04.06.2025.

5. Learned APP for the State opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Additional Sessions Judge-XIV, Gaya dated 21.08.2025, it appears that on the basis of written report of the informant namely, Sunil Kumar Dwivedi, FIR has been registered under Sections 310(4)/310(5) of the BNS, 2023 and Sections 25(1-b)a, 26 and 27 of the Arms Act against five named and two unknown persons including the present petitioner. It appears that two accused persons including the present petitioner arrested on the spot and after searching of the two accused persons mobile and two Motorcycles were recovered. One black Splender Motorcycle bearing Registration No.BR02U3540, which belongs to Navin Kumar (petitioner) and one white Pulsar Motorcycle bearing Registration No. BR02K4034, which

Patna High Court CR. MISC. No.66106 of 2025(2) dt.17-09-2025 3/3 belongs to Manish Kumar. No recovery has been found from the motorcycle of Navin Kumar (petitioner) and one country made pistol and one live cartridge has been recovered from the Manish Kumar and no arms has been recovered from the possession of the petitioner, so considering all these aspects of the case, I am inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Muffasil P.S. Case No. 527 of 2025.

(Ramesh Chand Malviya, J) Anand Kr.

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