Triveni Nut @ Sarvendra Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Triveni Nut @ Sarvendra Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: release upon arrest or surrender within four weeks before the learned court below, on a bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned A.C.J.M. Hilsa (Nalanda) in connection with Chandi P.S. Case No. 123 of 2024, subject to the conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioners, who apprehend arrest in Chandi P.S. Case No. 123 of 2024 registered for offences under Sections 25(1-B)(a)/26/35 of the Arms Act, are entitled to be released on anticipatory bail.

Court's answer

Anticipatory bail granted: the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, are to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M. Hilsa (Nalanda) in connection with Chandi P.S. Case No. 123 of 2024, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Nawneet Kumar Pandey, J), order dated 08-10-2025 in Criminal Miscellaneous No.6373 of 2025 arising out of Chandi P.S. Case No. 123 of 2024 (Thana Chandi, District Nalanda), registered under Sections 25(1-B)(a)/26/35 of the Arms Act. The petitioners, Triveni Nut @ Sarvendra Kumar and Vijay Kumar, apprehended arrest after four persons caught on 07.02.2024 with a loaded country-made pistol and live cartridges near Jaitipur disclosed their names. Counsel submitted that the petitioners are innocent, not named in the FIR, with nothing recovered from their possession, their names having figured only in the co-accused's confessional statement. Bail was granted on furnishing a bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M. Hilsa (Nalanda), upon arrest or surrender within four weeks, subject to the conditions under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6373 of 2025

Arising Out of PS. Case No.-123 Year-2024 Thana- CHANDI District- Nalanda

======================================================

1. Triveni Nut @ Sarvendra Kumar S/O Late Hansh Nut Lagan Resident of mohalla - Mehandia, P.S - Mehandia, Dist .- Patna.

Vijay Kumar S/O Govind Khalifa R/O Vill.- Itawa, P.S- Rampur Chauran, Dist- Arwal

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Binay Kumar Singh For the Opposite Party/s : Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

5 08-10-2025

Heard learned counsel for the petitioners as well as

the learned APP for the State.

The petitioners apprehend their arrest in connection with Chandi P.S. Case No. 123 of 2024, registered for the offences punishable under Sections 25(1-B)(a)/26/35 of Arms Act.

On 07.02.2024, at around 6:45 PM, SHO Ravindra Kumar of Chandi Police Station stopped a suspicious white pickup van during evening patrol near Jaitipur. The vehicle tried to flee but was intercepted, and four persons namely Harendra Nat, Krishna Nat, Pradeep Kumar, and Omraj were caught. On search, a loaded country-made pistol and several live cartridges

Patna High Court CR. MISC. No.6373 of 2025(5) dt.08-10-2025 2/2

were recovered from their possession. They disclosed the names of the present petitioners.

The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the FIR. Nothing has been recovered from their possession. Their names have figured in confessional statement of co-accused. Petitioner no. 1 is a person of clean antecedent. Petitioner no. 2 has no criminal antecedent of similar nature of case. The confessional statement is not leading to recovery.

Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Hilsa (Nalanda) in connection with Chandi P.S. Case No. 123 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J)

kundan/-

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