IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33869 of 2025 Arising Out of PS. Case No.-63 Year-2025 Thana- RAJAPAKAR District- Vaishali ====================================================== Niraj Kumar Son of Parshuram Das R/O Vill.- Parshaumia, P.S.- Mahua, District - Vaishali. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anish Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 3 04-09-2025 Heard learned counsel for the petitioner and learned APP for the State. 02. In the present case, the petitioner seeks bail in connection with Rajapakar (Baranti) P.S. Case No. 63 of 2025 registered for the alleged offences under Sections 25(1-b)a, 26, 35 of the Arms Act. 03. As per prosecution case, in the wee hours of night, two persons riding a motorcycle were signaled to stop by the police and they tried to flee away and they were apprehended after chase. The petitioner is one of the apprehended persons and from his possession, recovery of a katta with one live cartridge was made. From another co-accused, recovery of a pistol with three live cartridges was made. 04. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.33869 of 2025(3) dt.04-09-2025 2/3 petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of this petitioner. The recovery of firearms was made from the co-accused but the petitioner has been falsely implicated as he has been riding pillion on the motorcycle. Learned counsel further submits that the petitioner has given an application before the court of learned Judicial Magistrate mentioning that during vehicle checking, he could not produce the owner-book and some altercation took place with the police personnel and he was arrested showing recovery of firearms. There is no compliance of Sections 102 and 105 of BNSS and the witnesses are all official witnesses. The petitioner is in custody since 20.02.2025 and charge-sheet has been submitted. The petitioner is having clean antecedent. 05. Learned APP for the State opposes the prayer for bail. 06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the Patna High Court CR. MISC. No.33869 of 2025(3) dt.04-09-2025 3/3 satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur/court concerned in connection with Rajapakar (Baranti) P.S. Case No. 63 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Ashish/- (Arun Kumar Jha, J) U T