IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62973 of 2025 Arising Out of PS. Case No.-111 Year-2025 Thana- BIBHUTIPUR District- Samastipur ====================================================== Birju Kumar @ Briju Kumar S/O Kantlal Mahto R/O Village and P.O.- Kalyanpur Bamola Uttar, Ward No.-12, P.S.- Bibhutipurr, District- Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saket Kumar, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 01-09-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Bibhutipur P.S. Case No. 111 of 2025 instituted for the offences under Sections 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26, 35 of the Arms Act. 3. As per the F.I.R., police, apprehended three accused persons including this petitioner and recovered 1 kg. horlicks, 5 packet cashew nuts, 14 piceces gutka and 1 pack cigarette from them as also one loaded country-made pistol from co-accused Karan Ray. Patna High Court CR. MISC. No.62973 of 2025(2) dt.01-09-2025 2/3 4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. The recovery of arms is attributed to one Karan Ray. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.03.2025 and has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The co-accused person has already been granted bail by this Court vide order dated 11.08.2025 passed in Cr. Misc. No. 51161 of 2025. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bibhutipur P.S. Case Patna High Court CR. MISC. No.62973 of 2025(2) dt.01-09-2025 3/3 No. 111 of 2025. Alok Verma/- (Rudra Prakash Mishra, J) U T