IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45279 of 2026 Arising Out of PS. Case No.-430 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Jitnesh Kumar S/O Chandeshwar Giri R/O Village- Rampur Khajuriya, P.S.- Dumariyaghat, Distt.- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Suraj Kumar Tiwari For the Opposite Party/s : Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 22-07-2026 Heard the parties. 2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Kotwa P.S. Case No. 430/2023 registered for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act. 3. As per FIR, petitioner alleged sitting in a car along with co-accused persons from whom illegal country-made pistol was recovered with one live cartridge. 4. It is submitted by learned counsel appearing on behalf of the petitioner that mere on the basis of suspicion arising out of disclosure made by apprehended co-accused person, this petitioner was implicated with present recovery of illegal firearms. It is submitted that primarily nothing surfaced as to suggest that this petitioner was under knowledge that apprehended co-accused was carrying illegal firearms as to presume constructive Patna High Court CR. MISC. No.45279 of 2026(2) dt.22-07-2026 2/2 possession over the seized firearms by petitioner. Petitioner claimed clean antecedent. 5. Learned APP opposes the prayer of bail. 6. In view of aforesaid factual submission and by taking note of fact as prima-facie except suspicion arising out of disclosure nothing incriminating appears against this petitioner qua recovery of illegal firearms from the possession of co- accused person, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM East Champaran, Motihari/concerned Court, where the case is pending in connection with Kotwa P.S. Case No. 430/2023, subject to the conditions as laid down under Section 482(2) of BNSS. S.Tripathi/- (Chandra Shekhar Jha, J) U T