Chintu Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10389 of 2025 Arising Out of PS. Case No.-260 Year-2024 Thana- KANTI District- Muzaffarpur ====================================================== Chintu Mishra Son of Birendra Mishra R/O Village - Madhukar Chhapra, P.S.- Kanti, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 8 and 20(B)ii (c )of the N.D.P.S. Act.

3. The case of the prosecution is that two live cartridges along with one country made pistol was recovered from the possession of this petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. He is languishing

Patna High Court CR. MISC. No.10389 of 2025(2) dt.19-03-2025 2/2 in judicial custody since 28.05.2024. Similarly situated other coaccused person has already been granted bail by this court vide order dated 07.10.2024 in Cr. Misc. No. 72374 of 2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Spl. Court. II (NDPS), Muzaffarpur in connection with Kanti P.S. Case No. 260 of 2024.

(Ashok Kumar Pandey, J) shubham/- U T