Chandan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18111 of 2024 Arising Out of PS. Case No.-266 Year-2023 Thana- PIPRA District- East Champaran ====================================================== Chandan Sah Son of Naga Sah @ Nageshwar Sah @ Nagesar Sah Resident of Village- Rampur Khajuriya Tola Rampurwa, P.S.- Dumariyaghat, DistrictEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Advocate For the Opposite Party/s :
Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Pipra P.S. case No. 266 of 2023 instituted for the offences under Sections 401, 413, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.
3. As per the F.I.R., one country-made pistol and one live cartridge has been recovered from this petitioner.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.18111 of 2024(3) dt.03-04-2024 2/2 possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. Similarly situated co-accused person has already been granted bail by this Court vide order dated 30.01.2024 passed in Cr. Misc. No. 3812 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.08.2023 and has five criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Pipra P.S. case No. 266 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T