Granting bail depends on the absence of incriminating evidence against the accused and parity with co-accused granted bail.

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER

2 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sandesh P.S. Case No. 193 of 2025 instituted for the offences punishable under Sections 25(1-b)a, 25(9), 26 and 35 of the Arms Act .

3. As per the prosecution case, the allegation against the petitioner is that he along with co-accused Anurag Singh purchased an illegal country made pistol which was used by the and concealed in the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that in absence of the petitioner, co-accused Anurag Singh has concealed the police recovered the said country made pistol with loaded two cartridges. He further submits that the petitioner has not commit any offence as alleged in the FIR and nothing has been recovered from the conscious possession of the petitioner. He next submits that petitioner is a labour in a grocery shop. He lastly submits that similarly situated co-accused person has been granted bail by a Bench of this Court. Petitioner has got clean antecedent as stated in para 3 of the petition is in custody since

19.08.2025.

5. Learned APP for the State opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned 2^nd Additional Sessions Judge, Bhojpur at Ara dated 08.10.2025, it appears that petitioner is named in the FIR. From perusal of the records, it appears that on the basis of written report of the informant namely Santosh Kumar, Police Sub- Inspector, FIR has been registered under Sections 25(1-b)a, 25(9), 26 and 35 of the Arms Act against the present petitioner and the allegation is that he along with co-accused Anurag Singh purchased an illegal country made pistol which was used situated co-accused Anurag Singh @ Lucky, who has in celebrating the firing in a birthday party has been granted bail by a Bench of this Court in Cr. Misc. No. 76494 of 2025 vide order dated 19.11.2025, so considering all these aspects of the case and submissions of learned counsel for the petitioner, I am inclined to grant bail to the petitioner.

7. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named 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 the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Sandesh P.S. Case No. 193 of 2025.

(Ramesh Chand Malviya, J)