Chandan Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19928 of 2021 Arising Out of PS. Case No.-455 Year-2020 Thana- BARHARA District- Bhojpur ====================================================== CHANDAN DUBEY S/o- ANIL DUBEY Resident of Village- Phuhan, P.S.- Barahara, Dist- Bhojpur, Ara.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dineshwar Mishra, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2021 Heard the parties through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a/26 of the Arms Act. The allegation against the petitioner is that when the informant along with the police force raided the house of the petitioner and made search, one country made rifle and one country made pistol was recovered beneath the bed of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.19928 of 2021(2) dt.31-08-2021 2/3 case. He submits that nothing has been recovered from the conscious possession of the petitioner. He submits that no cartridge was recovered from the place of recovery with alleged firearms and without cartridge it is of no use. There is violation of section 100 of the Cr.P.C. The police has already submitted charge-sheet against the petitioner. He further submits that petitioner is languishing in judicial custody since 13.10.2020. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barahara P.S. Case No. 455 of 2020, subject to the conditions:

(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.

(II) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled.

Patna High Court CR. MISC. No.19928 of 2021(2) dt.31-08-2021 3/3 (III) that the petitioner will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (IV) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. (Anjani Kumar Sharan, J) devendra/- U T