Chandan Sharma @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2271 of 2025 Arising Out of PS. Case No.-566 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Chandan Sharma @ Chandan Kumar S/O Ramu Sharma Resident of MohallaTingachhiya ward No. 44, P.S- Town, Distt.- Katihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar, Advocate :
Mr. Ghulam Mustafa, Advocate Mr. Padmanabh Kashyap, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Katihar Town P.S Case No. 566 of 2024 registered for the offences punishable under Sections 126(2), 109, 3 (5) of the Bhartiya Nyaya Sanhita and Section 25(1-b)a, 26, 27, 35 of the Arms Act.
3. As per prosecution case as state in FIR is that on 11.08.2024 the husband of the informant namely Jyoti Shankar was returning home from Tingachhiya godown, in way accused Shiva Yadav along with other miscreants fired upon her husband, due to which he sustained gun-shot
Patna High Court CR. MISC. No.2271 of 2025(3) dt.09-04-2025 2/3 injury and later he treated at Max hospital, Purnea.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner has got no criminal antecedent as stated in para 3 of the bail application. It is also submitted that petitioner is in judicial custody since 13.08.2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, case diary and impugned order it appears that, petitioner is not named in FIR his name surfaced from the confessional statement of the coaccused. Further on perusal of the certified copy of the seizure list submitted by the learned counsel for the petitioner nothing mentioned about the recovery of the arms from the petitioner.
7. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.2271 of 2025(3) dt.09-04-2025 3/3 satisfaction of learned C.J.M, Katihar in connection with Katihar Town P.S Case No. 566 of 2024.
(Ramesh Chand Malviya, J) Mayank/- U T