Pawan Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70865 of 2025 Arising Out of PS. Case No.-23 Year-2025 Thana- KOTHI District- Gaya ====================================================== Pawan Saw Son of Sri Arjun Saw Resident of Village- Sobari, Ps- Kothi, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 25 (1-B)a, 26 and 35 of the Arms Act and later on Sections 310 (4), 310(5), 61(2) of the B.N.S., 2023.

3. The case of the prosecution, in short, is that from the possession of the petitioner, one country made pistol and three live cartridges were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. Learned counsel for the petitioner has further submitted that nothing has been recovered from his possession. It has also been submitted that the

Patna High Court CR. MISC. No.70865 of 2025(2) dt.09-10-2025 2/2 petitioner has been falsely implicated due to his criminal antecedents. The learned counsel for the petitioner has submitted that co-accused Saba Khan, who was having similar nature of allegation, has been granted bail by a learned Coordinate Bench of this Court vide Cr. Misc. No. 53031 of 2025. It has been submitted that the case of this petitioner stands on similar footing. Moreover, the petitioner is languishing in judicial custody since 24.02.2025.

5. Learned APP appearing for the State has opposed the prayer of regular bail stating that the petitioner has got five criminal antecedents.

6. Considering the aforesaid facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kothi P.S. Case No. 23 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sherghati, Gaya. (Ashok Kumar Pandey, J) Siddharth Sagar/- U