Patna High CourtCR. MISC./79274/2025bail granted

Abhinanandan Kumar v. The State Of Bihar

2025-11-19Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79274 of 2025 Arising Out of PS. Case No.-641 Year-2025 Thana- SAHARSA SADAR District- Saharsa ====================================================== Abhinanandan Kumar S/o Fulichandra Yadav @ Phuli Chandra Yadav Resident of Mohalla - Simraha Ward No - 04, Saharsa, P.S - Saharsa Sadar, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 641 of 2025 dated 05.06.2025 instituted for the offence punishable under Sections 25(1-B)a, 26, 35 of the Arms Act

3. Allegation is of recovery of one country made pistol and two live cartridges kept on the rack of the house. Three persons including the petitioner were apprehended at the spot and one person fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that nothing has

Patna High Court CR. MISC. No.79274 of 2025(2) dt.19-11-2025 2/3 been recovered either from the conscious possession of the petitioner or from his house. The seized incriminating articles were recovered from the house wherefrom three persons were apprehended. Lastly, it has been submitted that the petitioner is in custody since 06.06.2025 having twelve criminal cases against him. Charge-sheet has been submitted in the case.

5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon 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, Saharsa in connection with Saharsa Sadar P.S. Case No. 641 of 2025, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his

Patna High Court CR. MISC. No.79274 of 2025(2) dt.19-11-2025 3/3 wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the conclusion of trial in the court below.

(Khatim Reza, J) premchand/- U T