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Patna High CourtCR. MISC./75661/2025allowed

Sanjay Kumar @ Lala @ Lalwa @ Sanjay Mahto v. The State Of Bihar

2026-01-12Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75661 of 2025 Arising Out of PS. Case No.-159 Year-2025 Thana- BAJPATTI District- Sitamarhi ====================================================== Sanjay Kumar @ Lala @ Lalwa @ Sanjay Mahto Son of Govind Mahto R/O Village Basant Khurd, P.S.- Suppi, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-01-2026 Heard Mr. Rahul Kumar, learned counsel for the petitioner and Mr. Binod Kumar, learned APP for the State.

2. The petitioner has prayed for bail in connection with Bajpatti P.S. Case No. 159 of 2025 registered for the offence punishable under Section 317(5) of the B.N.S., 2023 and Sections 25(1-b)(a), 26 of the Arms Act.

3. The case of the prosecution in short is that one suspected biker was intercepted and that he threw something in the bushes. Later on, it was found that the bike was stolen one for which Sikandarpur P.S. Case No. 27 of 2025 was registered. On next day, from the bushes, a country made pistol with two live cartridges were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.75661 of 2025(2) dt.12-01-2026 2/2 offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that it is very strange that the police have seen on the same day that the petitioner has threw something in the bushes but the recovery was made on next day. It has been submitted that it is clear case of plantation. It has further been submitted that the petitioner has been framed in this case only due to his criminal antecedents. Moreover, the petitioner is languishing in judicial custody since 01.07.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of nine cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sitamarhi in connection with Suppi P.S. Case No. 159 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T