Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16893 of 2016 Arising Out of PS.Case No. -557 Year- 2015 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Chandan Kumar, S/o Ashok Rai, resident of village- Bhagwanpur, Rewa Road, P.S._ Sadar, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yugal Kishore, Advocate For the Opposite Party/s : Mr. Ashok Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-04-2016 Heard learned counsel for the petitioner and the State.

Petitioner is languishing in custody since 21.11.2015 in a case registered for the offences punishable under Sections 212, 216, 399, 402, 414 of the Indian Penal Code, 25(1-B)a, 26, 35 of the Arms Act and 20, 22 of the Narcotics Drugs and Psychotropic Substances Act. The prosecution case is that on secret information that miscreants are preparing to commit dacoity, a raid was led and apprehended some accused persons. From the possession of Mayank Kumar one loaded pistol and two mobiles, from the possession of Golu Kumar, one live cartridge and one mobile, from possession of Sonu Kumar, one live cartridge, from Possession of Dhiraj Kumar one live cartridge, from possession of Manish Kumar one

Patna High Court Cr.Misc. No.16893 of 2016 (2) dt.19-04-2016 live cartridge and from possession of petitioner one live cartridge and one mobile were recovered.

It is submitted by the learned counsel for the petitioner that though the petitioner was apprehended on 21.10.2015, the informant claims to have apprehended the petitioner on spot, but the petitioner is in custody since 21.11.2015. Though the petitioner is made accused in one other case bearing Sadar P.S. Case No. 525 of 2015 on the confession of co-accused Jabad @ Chauba.

Considering the nature of accusation, the period in custody and investigation is already concluded, 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 satisfaction of learned Sessions Judgecum- Special Judge, Muzaffarpur in connection with Sadar P.S. Case No. 557 of 2015.

(Dinesh Kumar Singh, J) P.K./- U T