Deepak KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25923 of 2026
                     Arising Out of PS. Case No.-570 Year-2025 Thana- ARA NAGAR District- Bhojpur
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                 Deepak Kumar Son of Shiv Balak Prasad @ Shivbalak Prasad Resident of
                 Mohalla- Jawahar Tola, P.S.- Ara Nawada, District- Bhojpur at Ara
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   22-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Ara Town P.S. Case No. 570 of 2025 registered for the

                   offence punishable under Sections 25(1-b)a, 26 and 35 of Arms

                   Act.

                                3. The case of the prosecution, in short, is that during

                   investigation of Ara Town P.S. Case No. 553 of 2025, the

                   petitioner and one other accused Sagar Prasad disclosed the

                   involvement and also made confessional statement. On the basis

                   of confessional statement, seizure was made near Dharhara

                   Petrol Pump behind the bushes from where altogether two

                   country made pistols with live cartridges were recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
            Patna High Court CR. MISC. No.25923 of 2026(3) dt.22-06-2026
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                      committed no offence. Nothing has been recovered from his

                      possession rather the recovery has been made from an open

                      place. The witnesses of the seizure list are police personnel.

                      Police has not followed Section 105 of the B.N.S.S. while

                      making the seizure. Petitioner is languishing in judicial custody

                      since 18.11.2025. Learned counsel has further submitted that

                      similarly situated other co-accused person has already been

                      granted bail by this court vide Cr. Misc. No. 13693 of 2026.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the application for bail and has submitted

                      that petitioner is having criminal antecedent of two cases.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the learned Chief

                      Judicial Magistrate, Bhojpur at Ara in connection with Ara

                      Town P.S. Case No. 570 of 2025.



                                            (Ashok Kumar Pandey, J)
shubham/-
U      T