Parshuram Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14285 of 2024 Arising Out of PS. Case No.-592 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Parshuram Chaudhary Son of Raghunandan Chaudhary R/o Village- Sanda, P.S.- Sasaram Mufashil, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Ranjan, Adv.
For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sasaram (M) P.S. Case No. 592 of 2023 instituted for the offences under Section 25 (1-B)a of the Arms Act and Section 3/4 of the Explosive Substance Act.
3. As per prosecution case, the police has recovered one country made pistol, five explosive substances on which BEL-MX9025MM, Explosive 200MM and Bharat Explosive Lmt, Lalitpur-284403 (U.P.) were inscribed and ten meter white coloured Aluminum electric wire from the house of the accused petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.14285 of 2024(4) dt.24-06-2024 2/3 against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the physical/conscious possession of the petitioner. The petitioner has no concern with the seized article. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 05.11.2023 without any rhymes or reason. Charge-sheet has been submitted in this case.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sasaram (M) P.S. Case No. 592 of 2023, subject to the following conditions;
(i) One of the bailor(s) shall be the own/close family members of the petitioner.
Patna High Court CR. MISC. No.14285 of 2024(4) dt.24-06-2024 3/3 (ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(iii) If the petitioner tampers with the evidence or the witnesses of the case by intimidating/pressurizing the witnesses, during the investigation or trial, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Rudra Prakash Mishra, J) rishi/- U T