Chandan Kumar @ Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12602 of 2023 Arising Out of PS. Case No.-863 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== CHANDAN KUMAR @ BHOLA S/O LATE ARVIND RAI @ ARVIND KUMAR RAI R/v- Narayanpur @ Narainpur, Derhpura, P.S.- Mahnar, District- Vaishali (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Prasad Singh For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per prosecution case, the informant namely Arvind Paswan, A.S.I. of Police, Sadar- Hajipur went with his force for patrolling in that course, he was informed that 5-7 miscreants are planning in the mango orchard for loot, after seeing the police party some persons started to flee away but two persons apprehended and on search one pistol has recovered from the waist of this petitioner.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.12602 of 2023(2) dt.25-04-2023 2/2 that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the alleged arms, which was seized by the police. Only on the basis of suspicion, petitioner has implicated in the present case by the police due to his criminal antecedents. He is languishing in judicial custody since 28.10.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 863 of 2022.

(Sunil Kumar Panwar, J) arish/- U T