Arbind Kumar Chaudhary @ Arbind Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.903 of 2020 Arising Out of PS. Case No.-531 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== ARBIND KUMAR CHAUDHARY @ ARBIND CHAUDHARY Son of Late Sukhdeo Chaudhary Resident of Village-Saidpur, P.S.-Gopalpur, DistrictBhagalpur. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Khajanchi Hat (Sahayak) P.S. Case No.531 of 2019 registered for the offence punishable under sections 25(1-B)a, 25(i)(a), 26 and 35 of the Arms Act.

As per allegation in the F.I.R., an information having been received, the informant reached the Bank of Baroda, Gulabbag branch, wherein one Dharmendra Kumar Yadav was caught with the arm but he was not able to produce the valid papers/license with respect to the same. It is stated that on inquiry, he disclosed that Arbind Kumar Chaudhary (petitioner

Patna High Court CR. MISC. No.903 of 2020(2) dt.25-02-2020 2/3 herein) also does the work of a guard in LIC office and his arm is also kept in the LIC Guard Room. It is further stated that arm stated to belong to the petitioner was recovered along with six live cartridges.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. From the F.I.R. itself, it would be evident that the alleged recovery is said to have taken place behind the back of the petitioner. It is further submitted that the case of the petitioner stands on better footing that of the co-accused Govind Kumar Jha @ Govind Jha, who has been enlarged on bail vide order dated 27.11.2019 passed in Cr. Misc. No.73269 of 2019. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Khajanchi Hat (Sahayak) P.S. Case No.531 of 2019, he will be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.903 of 2020(2) dt.25-02-2020 3/3 amount each to the satisfaction of learned C.J.M., Purnea, subject to the condition as laid down under section 438(2) of the Criminal Procedure Code.

(Partha Sarthy, J.) amit/- U T