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2025 DAILYLAW 51669 (PAT)

Bishwajeet Kumar @ Bishwajeet Singh @ Vishwajeet Kumar v. The State of Bihar

CR. MISC./39409/2025 · 2025-07-09

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39409 of 2025 Arising Out of PS. Case No.-40 Year-2024 Thana- BHELDI District- Saran ====================================================== Bishwajeet Kumar @ Bishwajeet Singh @ Vishwajeet Kumar S/o Lalbabu Singh Resident of Village- Adhunpur, Police Station- Garkha, District- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Awadhesh Kumar For the Opposite Party/s : Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 09-07-2025 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Bheldi Police Station Case No. 40 of 2024, dated 09.02.2024, disclosing offences punishable under Sections 25(1-b)/26/35 of the Arms Act. 3. The prosecution case, as per the First Information Report, is that during patrolling, the police apprehended two persons, who disclosed their names as co-accused Sonu Singh and Nishant Singh and from their possession, the police recovered one country-made loaded pistol and one live cartridge from each of the two persons. The apprehended accused person, namely, Nishant Singh, in his confessional statement, has disclosed that the Patna High Court CR. MISC. No.39409 of 2025(2) dt.09-07-2025 2/3 petitioner has given them the arms and ammunition for selling them. 4. Learned Counsel for the petitioner submits that the petitioner is innocent and has not committed any offence in the manner alleged. He further submits that the petitioner has got no criminal antecedent. He next submits that the name of the petitioner transpired in the confessional statement of co-accused Nishant Singh, as the person who had given them the arms and ammunition. 5. I have heard learned Counsel for the parties concerned and have perused the material available on record, including the impugned order. 6. From perusal of the impugned order, it transpires that the co-accused Nishant Singh, in his confessional statement, has disclosed the active involvement of the petitioner in the alleged offence. 7. Considering the above, I do not find any reason to differ with the findings arrived at by the learned Additional Sessions Judge-XII, Saran, at Chapra, inasmuch as the case is under investigation, wherein the custodial interrogation of the petitioner may be necessary based upon the material collected by the police during course of Patna High Court CR. MISC. No.39409 of 2025(2) dt.09-07-2025 3/3 investigation. As such, I am not inclined to grant anticipatory bail to the petitioner. 8. This application is, accordingly, dismissed. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √