Gautam Pandey @ Aryan Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2508 of 2025 Arising Out of PS. Case No.-470 Year-2024 Thana- GAURICHAK District- Patna ====================================================== Gautam Pandey @ Aryan Raj S/o Shashibhushan Ratnakar @ Pappu Pandey R/o Vill - Ballipur, P.S. - Gaurichak, Distt. - Patna. At present R/o vill - Guruchak, P.S. - Narhat, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Naresh Ray, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-02-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Gaurichak Police Station Case No. 470 of 2024, disclosing offences under Sections 25(1-B)a, 26 of the Arms Act.

3. The prosecution case, as per the First Information Report, is that on 03.09.2024, at about 05:40 P:M, the police intercepted a motorcycle on which two persons were sitting. They were arrested who disclosed their name as Ayush Raj and Ritik Kumar. Upon search, three live cartridges were recovered from the right pocket of co-accused, namely, Ayush Raj.

4. Learned counsel for the petitioner submits that the petitioner is having no criminal antecedent and he has been

Patna High Court CR. MISC. No.2508 of 2025(2) dt.13-02-2025 2/2 made accused on the basis of the confessional statement recorded by the police on remand of the co-accused Ayush Raj on 12.09.2024, in which he has stated that the three cartridges were provided to him by the petitioner.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having no criminal antecedent and no incriminating material has been recovered and he was not seen on the motorcycle, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Patna City, Patna, in connection with Gaurichak Police Station Case No. 470 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) Siwani/- U T