Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85701 of 2024 Arising Out of PS. Case No.-241 Year-2024 Thana- NAVINAGAR District- Aurangabad ====================================================== Vivek Kumar S/O Santosh Thakur Resident of village- Janakpur Pokhra, P.S.- Nabinagar, Dist.- Aurnagabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-01-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Navinagar P.S. Case no. 241 of 2024 registered under sections 25(1-B)a, 25(9), 25(1)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, it is stated that four accused persons having been apprehended by the police and on search, a mobile phone is recovered from one Piyush Kumar containing the photographs of arms and ammunitions. Based on the information received, a raid is conducted at the house of Ranjeet Kumar Singh from where country made pistol, live cartridges etc., were recovered. It is further stated that another mobile phone was recovered from the house of the said Ranjeet Kumar Singh which also contained photographs of arms and

Patna High Court CR. MISC. No.85701 of 2024(2) dt.03-01-2025 2/3 ammunitions, about which it is stated that the petitioner confessed that the same belongs to him.

4. Learned counsel for the petitioner submits that from the contents of the F.I.R itself and the order of the learned trial Court, it is clear that besides the alleged confessional statement with respect to the materials seen in the photographs obtained in the mobile phone of Ranjeet Kumar Singh, no incriminating article has been recovered from the petitioner's possession. The petitioner has been falsely implicated in the case. Learned counsel submits that there is an error of record with respect to antecedent in the order of the learned trial Court.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the contents of the order of the learned trial Court and no incriminating article having been recovered from his possession, it is directed that the petitioner above named, 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 Navinagar P.S. Case no. 241 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.85701 of 2024(2) dt.03-01-2025 3/3 learned Chief Judicial Magistrate, Aurangabad, Bihar. (Partha Sarthy, J) Harsh/- U T