2025:JHHC:14937 IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3157 of 2025 Bhishma Singh, S/o Sulochan Singh, R/o Village Kalpanapuri Near Sulabh Souchalay, PO and PS Adityapur, District Seraikela-Kharsawan. ….. Petitioner (s) Versus 1.The State of Jharkhand 2. Manish Kumar, S/o not known S.I, Sadar Police Station Chatra, Camp Adityapur Police Station, PO and PS Adityapur, District-Seraikela-Kharsawan. ….OP(s). CORAM : SRI ANANDA SEN, J. ------ For the petitioner(s) : Mr. Sanjeev Thakur, Advocate For the State : Mr. Subodh Kr. Dubey, APP ----- 02/10.06.2025: This is an application filed by the petitioner praying for grant of anticipatory bail in terms of sections 482 and 484 of Bharatiya Nagrik Suraksha Sanhita, 2023, as the petitioner has been allegedly implicated in connection with Adityapur PS Case No. 85 of 2025, for the offences punishable under sections 25(1-B)a/26 of Arms Act, pending in the court of learned Chief Judicial Magistrate, Seraikela. 2. Heard the learned counsel for the petitioner and the learned counsel for the State. 3. The learned counsel for the State has opposed the prayer for anticipatory bail of the petitioner. 4. The petitioner is the informant in Adityapur PS Case No. 138 of 2020 wherein he had alleged that he was assaulted by the named accused of Adityapur PS Case No. 138 of 2020 who was armed with country made pistol. During scuffle his son snatched the pistol from the accused and they went to the police station and lodged the aforesaid case. The fire arm was seized by the police. The said FIR is annexed as Annexure-2 to the present anticipatory bail application. 5. The present case was lodged by the investigating officer wherein it has been alleged that during investigation of Adityapur PS Case No. 138 of 2020 police could not find any clue that any fire arm was used against this petitioner. Since the petitioner had produced the fire arms before the police they presumed that petitioner was in possession of the same. 2025:JHHC:14937 6. During course of argument it has been brought to the notice of this Court that in earlier case which was lodged in the year 2020 charge-sheet has already been submitted but not under the provisions of Arms Act. 6. After hearing the parties and going through the records I find that petitioner is a victim of the offence as he had produced the illegal fire arms before the police which was snatched by his son but later on petitioner was made accused of this case on the ground that the police could not find use of any fire arms and they presumed that this petitioner was in possession of the illegal fire arms. Primafacie, the petitioner is a victim of Adityapur PS Case No. 138 of 2020 in which charge-sheet has already been submitted against the accused of that case, suggesting the factum of assault on petitioner to be true. 7. Thus, I am inclined to release the petitioner on anticipatory bail. Accordingly, the petitioner, above named, is directed to surrender before the court below within three weeks from today and in the event of his surrender/arrest the learned court below is directed to enlarge him on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Seraikela, in connection with Adityapur PS Case No. 85 of 2025, subject to the condition that one of the bailers should be close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his/ her name or in the name of his/her ancestors in which he/she is having share and to that effect, he/she has to file an affidavit before the learned trial court indicating his /her share in the property. (ANANDA SEN, J. ) KNR/