Patna High CourtCR. MISC./76525/2025bail granted

Amit Kumar @ Sumit Kumar v. The State Of Bihar

2025-11-11Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76525 of 2025 Arising Out of PS. Case No.-561 Year-2025 Thana- BIHTA District- Patna ====================================================== Amit Kumar @ Sumit Kumar S/o Sri Mundrika Prasad @ Mundrika Singh R/o Ghora Tap, P.s.- Bihta, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravashankar Mishra, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bihta P.S. Case No. 561 of 2025, instituted for the offences punishable under Section 111 of the Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that 10 live cartridges have been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.76525 of 2025(2) dt.11-11-2025 2/2 also submits that the petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 15.07.2025 and has got two criminal antecedents. Learned counsel for the petitioner further submits that other co-accused have been granted regular bail by this Court vide order dated 08.10.2025 passed in Cr. Misc. No. 69811 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bihta P.S. Case No. 561 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T