IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30706 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- BANKA District- Banka ====================================================== Md. Nawaz, S/o Md. Mahfooz Hussain, R/o Village- Bari Dhaka, P.S.- Banka, District- Banka ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md.Najmul Hodda, Adv. For the Opposite Party/s : Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 3 13-08-2025 Heard Mr. Md.Najmul Hodda, learned counsel for the petitioner and Ms. Rina Sinha, learned APP for the State. 2. Petitioner seeks regular bail in connection with Banka P.S. Case No. 36 of 2025 dated 19.01.2025 registered for the offences punishable under sections 317(5) and 3(5) of the Bharatiya Nyaya Sanhita and sections 25(1-B)(a) and 26 of the Arms Act. 3. As per the prosecution story, on 19.01.2025, during the course of vehicle checking, the informant intercepted a motorcycle and apprehended the petitioner while the pillion rider, namely, Anil Paswan @ Anni managed to flee. It is further alleged that from the possession of this petitioner, one country made katta and three live cartridges were recovered and the petitioner disclosed that the said motorcycle was stolen in front of V2 mall. Patna High Court CR. MISC. No.30706 of 2025(3) dt.13-08-2025 2/3 4. The main submissions advanced by petitioner’s counsel are that as per the allegation, one country made pistol (katta), three live cartridges and a motorcycle were allegedly recovered from the possession of this petitioner and the said motorcycle was suspected to be stolen but regarding this theft, no FIR has been lodged by its owner, so, the alleged offence under section 317(5) of the BNS is not attracted against this petitioner and so far as the petitioner’s criminal antecedents of four cases is concerned, he was remanded in three of those cases subsequently, after he was taken into custody in the present matter and further, with regard to the recovery of the alleged firearms, the police did not make any independent person a witness of the seizure. It is lastly submitted that the petitioner has been languishing in jail since 20.01.2025. 5. Learned APP for the State has opposed the prayer of the petitioner. 6. Considering the recovery of one country made katta, three live cartridges and one motorcycle, which is suspected to be stolen and further, four criminal cases against this petitioner in addition to the FIR of the present matter, this Court is not inclined to release him on bail at this stage. Accordingly, his prayer stands rejected. Patna High Court CR. MISC. No.30706 of 2025(3) dt.13-08-2025 3/3 7. As the petitioner has been languishing in jail since 20.01.2025, so, the trial court is directed to expedite the trial of the petitioner and if no significant progress is made in his trial in the next six months then the petitioner may renew his bail prayer. annu/- (Shailendra Singh, J) U T