Chandradev Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7054 of 2023 Arising Out of PS. Case No.-183 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== CHANDRADEV SAHNI Son of Late Ramswaroop Sahni Resident of Village - Noorpur, Ward No.- 02, P.S.- Teghra, Dist.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ebadur Rahman Shakeb For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a/26 of the Arms Act.

The prosecution case, in brief, is that the informant along with police personnel raided the house of the petitioner and arrested him. On search, one illegal country made pistol along with two misfired bullets were recovered from his possession.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged arms which was seized by the police.

Patna High Court CR. MISC. No.7054 of 2023(2) dt.11-04-2023 2/2 Nothing incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the seizure list witness are police official not a single independent witness which violates section 100 of Cr.P.C. It is further submitted that the petitioner is languishing in judicial custody since 28.6.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Teghra P.S. Case No. 183 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai. (Sunil Kumar Panwar, J) Amandeep/- U T