Fekan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86181 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- PARSAUNI District- Sitamarhi ====================================================== Fekan Sah S/O Amrit Sah R/O Village- Sundargama, P.S.- Parsauni, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-12-2025 Heard Mr. Virendra Kumar, learned counsel for the petitioner and Mrs. Rina Sinha, learned APP for the State.

2. The petitioner has prayed for bail in connection with Parsauni P.S. Case No. 44 of 2025 registered for the offence punishable under Section 317(5) of the B.N.S., 2023 and Sections 25(1-B)(a), 26 of the Arms Act.

3. The case of the prosecution in short is that a video was received by the police wherein, at an orchestra dance party, a boy was brandishing a pistol. On the basis of this video, this petitioner was apprehended.

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. Learned counsel for the petitioner submits that from the

Patna High Court CR. MISC. No.86181 of 2025(2) dt.16-12-2025 2/2 possession of this petitioner, one country-made pistol, two live cartridges, and one bike were recovered. He further submits that the only allegation against the petitioner is that of brandishing a country-made pistol at an orchestra party. It has also been submitted that nothing has been recovered from the possession of this petitioner. He further submits that the petitioner is languishing in judicial custody since 24.03.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of five cases.

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 Parsauni P.S. Case No. 44 of 2025.

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