Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26451 of 2021 Arising Out of PS. Case No.-279 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== CHANDAN KUMAR S/o Police Yadav Resident of Village- Pipra Dewes, P.S.- Barauni, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar Sharma For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 25(i-b)a/26/35 of Arms Act.

As per the prosecution case, three country made loaded pistols and 0.315 bore live cartridges were recovered. It is further alleged that petitioner confessed that he along with other FIR named accused persons had committed robbery on the point of pistol.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No arms or ammunition has been recovered from the conscious possession of the petitioner. The confessional statement of the petitioner has been taken forcibly which has got

Patna High Court CR. MISC. No.26451 of 2021(2) dt.30-07-2021 2/2 no evidentiary value. Petitioner is in custody since 17.09.2020. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Teghra PS case No. 279/2020 on the following conditions:-

(1) Petitioner shall co-operate 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 on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T