Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14108 of 2022 Arising Out of PS. Case No.-625 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== CHANDAN SINGH Son of- Deepak Singh @ Deepak Kumar Singh Resident of Village- Balwakuari, P.S.- Hajipur Sadar, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rohit Kumar, Adv For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 25(1-A)(1-AA)26, 27, 35 of Arms Act.

Allegedly, one pillet loaded arm was recovered from a motorcycle. Nearby people disclosed the name of the petitioner and other accused persons who were firing there. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.14108 of 2022(2) dt.03-11-2022 2/2 omnibus in nature. He has been made accused in the present case only on the statement of nearby persons. The petitioner was neither apprehended on the spot nor any incriminating articles has been recovered from his conscious physical possession. He further submits that the said motorcycle belongs to co-accused Amod Kumar, and he has been granted anticipatory bail by the learned court below itself. Petitioner has two criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Hajipur Sadar P.S. Case No.625 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T