Md. Arman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76996 of 2025 Arising Out of PS. Case No.-172 Year-2025 Thana- PAKARIBARAW District- Nawada ====================================================== Md. Arman S/o Md. Shamsuddin R/o Village - Amanbag, P.S - Pakribrawan, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Sahay, Advocate Mr.Umesh Prasad, Advocate For the Opposite Party/s :

Mr.Aslam Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-11-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Pakribrawan P.S. Case no.172 of 2025 registered under section 25(1-b)(a), 26 and 35 of the Arms Act.

3. The F.I.R relates to recovery of country made pistol along with two live cartridges, which was being handed over to the police Officer by the wife of the petitioner.

4. Learned counsel for the petitioner submits that the informant, who is a Police Officer, had come to the house of the petitioner for verification of a report that she was being illtreated by her in-laws and it was she who handed over the country made pistol to the informant which she claims to be belonging to the petitioner. No recovery has been made from the physical or conscious possession of the petitioner as also no independent witness to the seizure list indicates violation of mandatory provisions of search and seizure. It is further

Patna High Court CR. MISC. No.76996 of 2025(2) dt.27-11-2025 2/2 submitted that there was a strained relationship between the petitioner and his wife and thus, this false and concocted case has been filed. The petitioner undertakes to co-operate in the investigation/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6.Taking into consideration the facts and circumstances of the case and also considering the fact that there is no recovery from the physical or conscious possession of the petitioner and mandatory provisions of search and seizure has been violated, let the petitioner above named, having no criminal antecedent in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Pakribrawan P.S. Case no.172 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/Successor Court subject to the condition laid down under Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U T