Vinay Singh @ Vinay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78296 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- CHAKAND District- Gaya ====================================================== Vinay Singh @ Vinay Kumar Singh S/o Surat Singh R/o vill - Itwa, P.S.- Puthu, Distt.- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamlendra Prasad Singh For the Opposite Party/s :
Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Chakand P.S. Case No. 39 of 2025 for the offence under Sections 318(4), 338, 336(3), 340(2) of the BNS and Section 25(1-b)a and 26 of the Arms Act.
3. As per the prosecution story, the informant has alleged that on 29.01.2025 around 19:00 hrs, upon secret information, when the police reached near the resort, the team noticed a suspicious person with a black bag. When approached, the person attempted to flee but was apprehended along with the bag. As no independent witnesses were available, the bag was searched in the presence of accompanying police personnel. Inside the bag, a rifle, a Moto G84 5G mobile phone, another
Patna High Court CR. MISC. No.78296 of 2025(2) dt.19-11-2025 2/3 mobile phone, and an Aadhaar card were recovered. The apprehended individual identified himself as Avdhesh Yadav. He produced a laminated arms license No.139/2012 (B.R.), UIN 051400051507149051, bearing the seal and signature of the District Arms Magistrate, Khagaria, but without a date. Upon questioning, he admitted that the license was fake. All recovered items were seized, and accordingly the seizure list was prepared.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is no way concerned with any transaction of illegal arms nor has created or provided any type of forged document. No offence as alleged in the F.I.R. is attracted against the petitioner. As per para 3 of the bail petition, petitioner has clean antecedent.
5. Learned APP opposes the prayer for bail.
6. From perusal of F.I.R. as well as seizure list it appears that, no illegal arms has been recovered from the conscious possession of the petitioner. The name of the petitioner has been surfaced in this case on the basis of confessional statement of co-accused made before the police. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail.
Patna High Court CR. MISC. No.78296 of 2025(2) dt.19-11-2025 3/3
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, -V, Gaya, in connection with Chakand P.S. Case No. 39 of 2025 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the condition that one of the bailors should be close relative of the petitioner.
(S. B. Pd. Singh, J) Ankit Kumar/- U T