IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51582 of 2025 Arising Out of PS. Case No.-264 Year-2025 Thana- BEUR District- Patna ====================================================== Aryan Kumar Son of Vimlesh Singh Resident of Patlapur, Post - Madhopur, Shahpur, P.S.- Danapur, District - Patna. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shivanand Singh, Advocate For the Opposite Party/s : Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. In the present case, the petitioner seeks bail in connection with Beur P.S. Case No. 264 of 2025 registered for the alleged offences under Sections 111(2), 61(2) of B.N.S., 2023, Sections 8, 20(B) IIA of N.D.P.S. Act and Sections 25(1-B)a/26/35 of the Arms Act. 3. As per prosecution case, police received information about co-accused Sagar Kumar storing illegal firearms and ganja in his rented room. A raid was conducted and seven male persons and two females were found in the said room including this petitioner. From a backpack kept in the room, 8 country made pistols, 18 magazines and 3 live cartridges were recovered. Further, recovery of 2 pistols was Patna High Court CR. MISC. No.51582 of 2025(2) dt.11-08-2025 2/4 made on search of the room. From the backpack 800 gms of ganja and Rs.51,550/- cash was also recovered. The co-accused disclosed that they were involved in the trade of illegal firearms and the petitioner and other co-accused persons came there to purchase the firearms. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. From the FIR it is apparent that nothing incriminating has been recovered from the person or possession of the petitioner and the recovery has been made from the rented room of co- accused Sagar Kumar and the petitioner has no relationship with said co-accused or even with the landlady Sabita Kumari, who has also been made accused in the present case. Learned counsel further submits that the petitioner is a student and went to meet co-accused Rahul Chaudhary, who is also a student and used to reside in the room adjacent to the room of Sagar Kumar. The petitioner and co-accused Rahul Chaudhary refused to become the witness of the search and seizure and for this reason, they have been falsely implicated in the present case. Only recovery shown from the petitioner is of mobile phone and the said mobile phone belongs to this petitioner. The prosecution case is doubtful as perusal of FIR shows nine persons were shown Patna High Court CR. MISC. No.51582 of 2025(2) dt.11-08-2025 3/4 present in one room including the landlady and these persons are from different locality and the police failed to show their connection with each other. The recovery of ganja is of small quantity. The petitioner is in custody since 27.05.2025 and he is having clean antecedent. 5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the recovery of huge cash of firearm was made from the place from where the petitioner was apprehended. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner of any incriminating article and further considering the period of custody of the petitioner and his clean antecedent, 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 satisfaction of learned Chief Judicial Magistrate, Patna/concerned Court in connection with Beur P.S. Case No. 264 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioner. Patna High Court CR. MISC. No.51582 of 2025(2) dt.11-08-2025 4/4 (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. DKS/- (Arun Kumar Jha, J) U T