Achchelal Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.20747 of 2016 (2) dt.17-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20747 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -NAUGACHIA District- BHAGALPUR ====================================================== Achchelal Chaudhary, Son of Late Baulal Chaudhary, is the resident of village- Ramnagar, Bindtoli, P.S.- Naugachia, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate. For the Opposite Party/s : Mr. Ramesh Chandra(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Naugachia P.S. Case No. 16 of 2016 registered under Sections 25(1-A), (1-B) and 26(1) of the Arms Act.

The accusation is that in course of search of the house of the petitioner, one country made semi Rifle, one semi prepared country made pistol, two live cartridges, five empty cartridges and some other instruments were recovered.

Learned counsel for the petitioner submits that petitioner is the sailor (boat-man) and has falsely been implicated in this case at the instance of one Durga Prasad Chudhary, who had earlier lodged a case against the petitioner under Section 107

Patna High Court Cr.Misc. No.20747 of 2016 (2) dt.17-05-2016 of the Cr.P.C. in respect to land dispute. Further submission is that petitioner has no criminal antecedent and is in custody since 12.01.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Naugachia P.S. Case No. 16 of 2016. Out of two sureties, one surety must be the close relative of the petitioners. (Rajendra Kumar Mishra, J) Bhardwaj/- U T