Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7314 of 2024 Arising Out of PS. Case No.-210 Year-2023 Thana- VISHNUPAD District- Gaya ====================================================== Chandan Kumar S/O CHANDU YADAV RESIDENT OF KHATKACHAK, PS. VISHNUPAD, DIST. GAYA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Adv.

For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Vishnupad P.S. Case No. 210 of 2023 lodged under Sections 399 and 402 of the I.P.C. read with Sections 25(1-b)a/ 26 and 35 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against five accused persons and from the petitioner's possession, one desi sixer has been recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that there is no any cartridges recovered from the possession of the petitioner.

5. Counsel further submits that petitioner is in custody

Patna High Court CR. MISC. No.7314 of 2024(2) dt.17-02-2024 2/2 since 26.07.2023 and there is one criminal case pending against him in which he is on bail.

6. Upon specific query whether charge has been framed or not. Counsel submits that as per his knowledge, charge has not been framed till date.

7. Learned counsel for the State opposes the prayer for bail and submits that arms has been recovered from the conscious possession of the petitioner.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in connection with Vishnupad P.S. Case No. 210 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U T