Patna High CourtCR. MISC./9039/2024bail granted

Chandan Kumar v. The State Of Bihar

2024-02-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9039 of 2024 Arising Out of PS. Case No.-133 Year-2023 Thana- ALIPUR District- Gaya ====================================================== Chandan Kumar Son Of Shyam Bahadur Yadav R/O-Thanpur, P.S.-ALIPUR, Distt.-GAYA ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Alipur P.S. case No. 133 of 2023 instituted for the offences under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that 7 country made pistol and one mobile phone have been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner has got no concern with the alleged recovery of arms. Learned counsel submits that the petitioner is pursuing his Intermediate

Patna High Court CR. MISC. No.9039 of 2024(2) dt.20-02-2024 2/2 from S.V. High School, Gaya. The petitioner is in custody since 19.09.2023 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and the petitioner having clean antecedent, this Court is inclined to grant bail to the petitioner.

7. Let the 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 Court below/concerned Court in connection with Alipur P.S. case No. 133 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T