Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20236 of 2021 Arising Out of PS. Case No.-191 Year-2020 Thana- PATNA CITY CHOWK District- Patna ====================================================== Chandan Kumar aged about 22 years, Male, S/o Balindra Sah @ Balindar Sah Resident of Mohalla- Chotti Nagla Road, Patna City, P.S.- Malsalami, District- Patna.

.. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr. Abhay Kumar - 1 A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

09-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Chowk P.S. Case No. 191 of 2020, registered for the offence under Sections 25(1b)a/26/35 of the Arms Act and Sections 8/20(b)(ii)(b) of the N.D.P.S. Act.

As per the prosecution case, this petitioner alongwith other accused persons were arrested on spot and from their possession, some arms & ammunition and contraband have been recovered.

It is submitted on behalf of petitioner that one country-made revolver and one live cartridge has been recovered from the possession of this petitioner and no contraband material has been recovered from the possession of

Patna High Court CR. MISC. No.20236 of 2021(2) dt.09-07-2021 2/3 the petitioner. Similarly situated co-accused persons namely Kundan Kumar and Sonu Satya @ Sonu Kumar have already been granted bail by this Court, vide order dated 04.01.2021 passed in Cr.Misc. No. 31847 of 2020 and order dated 06.01.2021 passed in Cr.Misc. No. 30965 of 2020 respectively (Annexure - 2 to the petition). Petitioner is in custody since 02.06.2020.

Learned A.P.P. for the State has opposed the bail petition.

Considering the rival submissions of the parties, materials available on record and period of custody, the bail petition of petitioner is allowed.

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 Chief Judicial Magistrate, Patna City, Patna in connection with Chowk P.S. Case No. 191 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the

Patna High Court CR. MISC. No.20236 of 2021(2) dt.09-07-2021 3/3 prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T