Patna High CourtCR. MISC./2859/2025bail granted

Chandan Kumar v. The State Of Bihar

2025-02-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2859 of 2025 Arising Out of PS. Case No.-455 Year-2024 Thana- RAHUI District- Nalanda ====================================================== Chandan Kumar Son of Ganauri Ram Resident of Village - Andi, P.S - Asthawan, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rahui P.S. Case No. 455 of 2024 dated 04.09.2024 registered for the offences punishable under Sections 111, 310(4), 310(5) of BNS and Section 25(1B)a, 26 and 35 of Arms Act.

3. As per the prosecution case, one mobile was recovered from the possession of the petitioner and two mobile was also recovered from the co-accused persons, Rajiv Kumar and Chandan Saw. On search of the vehicle, Activan 2 mg tablet containing 30 tablet was recovered. Further, two country-made pistol and 4 live cartridges were recovered.

Patna High Court CR. MISC. No.2859 of 2025(2) dt.25-02-2025 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner is neither the owner nor the driver of the said vehicle rather he is the co-passenger. The petitioner has no concern with the alleged occurrence. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 04.09.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-2nd, Nalanda at Bihar Sharif in connection with Rahui P.S. Case No. 455 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T