IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13045 of 2025 Arising Out of PS. Case No.-397 Year-2024 Thana- HUSSAINGANJ District- Siwan ====================================================== Anil Kumar Gupta @ Anil Kumar Sah @ Anil Kr. Sah S/o Daya Shankar Sah Resident of Village - Salonepur, P.S. - Hussainganj, District - Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bijay Prakash Singh, Adv. For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 28-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner seeks bail in connection with Hussainganj P.S. Case No. 397 of 2024 dated 10.11.2024 registered for the offence punishable under Sections 310(4), 310(5) of the Bhartiya Nyay Sanhita, 2023 and 25 (1-b)a, 26 and 35 of the Arms Act and Sections 8(c) and 21(b) of the N.D.P.S. Act. 3. The prosecution case, in short, is that on 10.11.2024, on a secret information, the informant along with other police personnel reached near Jin Baba Asthan situated at Village-Habibnagar. Seeing the police force, five persons tried to flee away, out of them, petitioner along with Patna High Court CR. MISC. No.13045 of 2025(2) dt.28-02-2025 2/4 other three accused persons namely Jitendra Kumar Yadav, Sheikh Munna, Dayashankar Sah were apprehended. During search, 79 puriya of smack like substance and mobile phones of Realme and Redmi company was found in possession of Jitendra Kumar Yadav @ Jimmy @ Master, one country made pistol with two live cartridges, 36 puriva of smack like substance and an android screen touch mobile was found in possession of Sheikh Munna and a screen touch mobile of Samsung company and 25 notes of 500/- denomination total Rs. 12,500/- was recovered from the possession of the petitioner and one passion pro motorcycle bearing registration no. BR 29AE 9759 and android mobile of Samsung company was recovered from the possession of Daya Shankar Sah. 4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that nothing incriminating articles were recovered from the conscious possession of the petitioner. It appears from the seizure list that silver colour Samsung mobile was recovered from the possession of the petitioner and also 25 notes each of 500 denomination total Patna High Court CR. MISC. No.13045 of 2025(2) dt.28-02-2025 3/4 Rs. 12,500/- was recovered from the possession of the petitioner. It is apparent from the seizure list that no incriminating articles or smacks were recovered from the petitioner. It is also apparent that 79 puriya of smack like substance and mobile phones of Realme and Redmi company was found in possession of Jitendra Kumar Yadav @ Jimmy @ Master, one country made pistol with two live cartridges, 36 puriva of smack like substance and an android screen touch mobile was found in possession of Sheikh Munna. It is submitted that father of the petitioner, namely, Daya Shankar Sah, who was also apprehended at the spot along with other co-accused persons in whose possession a Passion Pro motorcycle as well as Samsung Company mobile was recovered from his possession. The said Daya Shankar Sah has been granted bail vide order dated 05.02.2025 passed in Criminal Miscellaneous No. 1752 of 2025 by this Court. Lastly, it has been submitted that the petitioner is in custody since 11.11.2024, having no criminal antecedent and charge-sheet has been submitted in the case. 5. Learned A.P.P for the State opposes the prayer Patna High Court CR. MISC. No.13045 of 2025(2) dt.28-02-2025 4/4 for bail of the petitioner. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Sessions Judge, Siwan in connection with Hussainganj P.S. Case No. 397 of 2024. prabhat/- (Khatim Reza, J) U T