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2025 DAILYLAW 69181 (PAT)

Puran Mistri @ Pooran Mistri v. The State of Bihar

CR. MISC./60728/2025 · 2025-09-09

Arun Kumar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60728 of 2025 Arising Out of PS. Case No.-106 Year-2025 Thana- GWALPARA District- Madhepura ====================================================== Puran Mistri @ Pooran Mistri S/o Late Baijnath Mistri R/o Village- Shyam, P.S.- Gwalpara, District- Madhepura (Bihar) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amarnath Jha, Advocate For the Opposite Party/s : Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 09-09-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. In the present case, the petitioner seeks bail in connection with Gwalpara P.S. Case No. 106 of 2025 registered on 15.05.2025 for the offences under Sections 25(1-b)a, 25(1- AA), 26 and 35 of the Arms Act. 3. As per prosecution case, police received information about manufacturing of illegal firearms by co- accused Pramod Mukhiya in his house. A raid was conducted and from the backyard of the house of co-accused, recovery of a number of articles used in manufacturing of firearms and some semi-prepared firearms were made from the said place. The name of the petitioner came up in the disclosure statement of co-accused who said that this petitioner used to help the co- accused in making illegal firearms. Patna High Court CR. MISC. No.60728 of 2025(2) dt.09-09-2025 2/3 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of this petitioner and whatever recovery has been made it is from the house of co- accused. Petitioner was not apprehended from the spot and he has no concern with the co-accused who was apprehended. Petitioner is in custody since 26.05.2025 and charge-sheet has been submitted. Petitioner is having clean antecedent. 5. Learned A.P.P. opposes the submission made on behalf of the petitioner. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague and remote nature of allegation against the petitioner and also considering the period of custody of the petitioner coupled with his clean antecedent and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Madhepura/concerned court in connection with Gwalpara P.S. Case No. 106 of 2025, subject to the conditions mentioned in Section 480(3) of the Patna High Court CR. MISC. No.60728 of 2025(2) dt.09-09-2025 3/3 B.N.S.S. and other 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. balmukund/- (Arun Kumar Jha, J) U T