Mukut Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84843 of 2025 Arising Out of PS. Case No.-450 Year-2025 Thana- ALOULI District- Khagaria ====================================================== Mukut Kumar S/O Umesh Yadav Resident of Village - Sanjhauti, P.S- Alauli, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case 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 house of one Suresh Yadav, one country made pistol and 16 live cartridges were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the alleged recovery has been made from the house of co-accused, namely, Suresh Yadav, who happens to be the elder brother of Rajesh Kumar and the brother-in-law of the petitioner, and that the petitioner has been implicated in this case merely because he

Patna High Court CR. MISC. No.84843 of 2025(2) dt.15-12-2025 2/2 was present there. It is further submitted that in any view of the matter, the police while making seizure have not followed the mandatory provisions of Section 105 of the BNS. Moreover, the petitioner is languishing in judicial custody since 15.10.2025. 5.

Learned APP appearing for the State has vehemently opposed the prayer of regular bail stating that the petitioner has one criminal antecedent.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Alauli P.S. Case No. 450 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria.

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