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2025 DAILYLAW 85407 (PAT)

Sanjiv Kumar v. The State of Bihar

/84884/2024 · 2025-01-07

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84884 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- BEN P.S. District- Nalanda ====================================================== Sanjiv Kumar S/o Raj Kishor Prasad R/o Village- Maijra Muzaffarpur, P.S.- Ben District- Nalanda ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raj Kishor Prasad, Advocate For the Opposite Party/s : Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 07-01-2025 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 Ben Police Station Case No. 112 of 2024, disclosing offence under Section 25(1-b)a, 26 of Arms Act. 3. The prosecution story, as per the First Information Report, is that on 01.09.2024 in the night, when the informant along with the police party reached near tinmuhani of Muzaffarpur village, they saw that on seeing police party, one person started fleeing away leaving his motorcycle and he succeeded in the same. It is alleged that when the said motorcycle was searched, two countrymade pistols and eight live cartridges were recovered from the dicky of the motorcycle. 4. Learned Counsel for the petitioner submits that the Patna High Court CR. MISC. No.84884 of 2024(2) dt.07-01-2025 2/2 petitioner has falsely been implicated in this case on the basis of being the owner of the seized motorcycle. Learned Counsel further submits that nothing has been recovered from the conscious possession of the petitioner. The petitioner is having no criminal antecedent. 5. Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that from perusal of the First Information Report and the seizure list, it is apparent that the countrymade pistols and live cartridges have been recovered from the motorcycle of the petitioner. Accordingly, I am not inclined to exercise my discretion for grant of anticipatory bail to the petitioner. 6. The prayer for anticipatory bail on behalf of the petitioner is, accordingly, rejected. rinkee/- (Anil Kumar Sinha, J) U T