IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90147 of 2024 Arising Out of PS. Case No.-122 Year-2024 Thana- BASANHI District- Saharsa ====================================================== Md. Nasrul @ Md. Nashrul S/O Late Md. Baiku @ Late Md. Bouku R/O Village- Gareri Tola, Ward No. 07, P.S- Basnahi, Distt.- Saharsa. ... ... 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.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 3 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. In the present case, the petitioner seeks bail in connection with Basnahi P.S. Case No. 122 of 2024, registered for the alleged offences under Sections 25(1)(a), 25(1-AA), 25(1-B)a, 26(1), 26(2), 35 of the Arms Act. 3. As per prosecution case, police received secret information about petitioner manufacturing illegal firearms in his house and a raid was conducted and in the backyard of the house of the petitioner, three persons were found manufacturing illegal firearms. All the three persons were apprehended and petitioner is one of the apprehended person. From the backyard of the house of the petitioner recovery of a number of articles Patna High Court CR. MISC. No.90147 of 2024(3) dt.14-02-2025 2/3 used for manufacturing of illegal firearms along with semi manufactured firearms were made. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. Learned counsel further submits that though the petitioner is having criminal antecedent of one case under Bihar Prohibition & Excise Act, there is no antecedent of similar nature. The petitioner is in custody since 28.06.2024 and charge sheet has been submitted. Other co-accused persons apprehended with the petitioner have been granted bail by this Court vide orders dated 04.12.2024 and 31.01.2025 passed in Cr. Misc. Nos. 82579 of 2024 and 4343 of 2025, respectively. 5. Learned APP vehemently opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner is involved in manufacturing of illegal weapons and a number of articles used in manufacturing as well as semi manufactured firearms, live cartridges etc. were recovered from the place of occurrence. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the submission of charge sheet and period of custody of the Patna High Court CR. MISC. No.90147 of 2024(3) dt.14-02-2025 3/3 petitioner, 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 Judicial Magistrate, Ist Class, Saharsa/concerned Court in connection with Basnahi P.S. Case No. 122 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the 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. DKS/- (Arun Kumar Jha, J) U T