Chandan Kumar @ Chandan Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6722 of 2019 Arising Out of PS. Case No.-296 Year-2018 Thana- MANIYARI District- Muzaffarpur ====================================================== CHANDAN KUMAR @ CHANDAN KUMAR CHAUDHARY, son of Late Mahesh Chaudhary R/o village- Shahpur Maricha, P.S- Maniyari, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 15.10.2018 in a case registered for the offence punishable under Sections 115,414 of the Indian Penal Code and Sections 25(1-B)a, 26, 35 of the Arms Act.

It is alleged that a secret information was received by the informant, being a police officer to the effect that six accused persons, including the petitioner, are preparing to commit some serious offence, whereupon a raid was laid. Though the accused persons on seeing the police party tried to escape from the scene, but were apprehended. On frisking, from the possession of the petitioner, one live cartridge and two mobile

Patna High Court Cr.Misc. No.6722 of 2019(2) dt.06-02-2019 2/2 phones were recovered.

It is submitted by learned counsel for the petitioner that the petitioner has maliciously been framed in the present case and the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that one live cartridge has been recovered from the possession of the petitioner.

Considering the nature of recovery and the investigation being concluded, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Maniyari P.S. Case No. 296 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T