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Patna High CourtCR. MISC./86275/2025allowed

Kunal Kumar v. The State Of Bihar

2025-12-17Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86275 of 2025 Arising Out of PS. Case No.-407 Year-2025 Thana- DUMRA District- Sitamarhi ====================================================== Kunal Kumar, S/o Manoj Pandey, Resident of Village- Azamgarh, Ward No. 2, P.S.- Dumra, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Dumra P.S. Case No. 407 of 2025 registered for the offence punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that from the possession of this petitioner, two live cartridges were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He has no concern with the alleged arms. Nothing has been recovered from his possession. The police has not followed Section 105 of the B.N.S.S. while making the seizure. The

Patna High Court CR. MISC. No.86275 of 2025(2) dt.17-12-2025 2/2 seizure list witnesses are police personnel. Petitioner is languishing in judicial custody since 19.08.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No.407 of 2025.

(Ashok Kumar Pandey, J) lata/- U T