[2025:JHHC:30497] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.8790 of 2025 ------ Birendra Prasad @ Biru, aged about 41 years, S/o Late Badri Prasad, Permanent Resident of Village Ganvalera, P.O. & P.S.- Amnor, District- Chapra, Bihar, Present Resident of Quarter No. 1241, Sector 8/a, Bokaro Steel City, P.O. & P.S.- B.S. City, District- Bokaro, Jharkhand. .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mrs. Dr. Vandana Singh, Advocate For the State : Mrs. Mohua Palit, Addl.P.P ------ Order No.02 Dated-26-09-2025 Heard the parties. The petitioner has been made accused in connection with Sector 12 P.S. Case No.84 of 2024 corresponding to G.R. No.985 of 2024 registered for the offence punishable under Section 47(a) of the Excise Act and Section 25(1)(1- A), 25(1B)(a), 25(6), 26, 35 of the Arms Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner was in possession of an AK-47 automatic firearm as the petitioner who is the accused of Harla P.S. Case No.78 of 2024 involving the offences punishable under Section 103, 61(2) of the B.N.S., 2023 and Section 27(3) of the Arms Act, confessed during the interrogation of committing murder of Shankar Rawani and led to recovery of live cartridge of the arms including one AK-47 automatic rifle and several other arms and ammunitions. It is then submitted that the petitioner is also involved in two other cases besides this case. It is next submitted that the allegation against the petitioner is false. It is then submitted that there is no independent witness in this case. It is further submitted that the petitioner has been in custody since 22.08.2024 as is evident from para-16 of the instant bail application. It is lastly submitted that the petitioner is ready and willing to cooperate with the trial of the case. Hence, it is submitted that the petitioner be released on bail. Learned counsel appearing for the State on the other hand opposes the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner of being in illegal possession of live cartridge of automatic fire arms and keeping in view of his criminal antecedent, there is every chance of the petitioner absconding and tampering with the evidence, if released on bail. Hence, it is submitted that the petitioner ought not to be released on bail. Considering the serious nature of direct allegation against the petitioner and the chance of his absconding and tampering with the evidence, if released on bail, this Court is not inclined to admit the bail of the above named petitioner at this stage. Accordingly, the prayer for bail of the above named petitioner is rejected at this stage. (Anil Kumar Choudhary, J.) Dated:- 26.09.2025 Saroj/