Chhotu Maharaj @ Rishi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21493 of 2024 Arising Out of PS. Case No.-1655 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Chhotu Maharaj @ Rishi Kumar Son of Ashok Maharaj Resident of VillageMadhu Chhapra, P.S.- Minapur, District- Muzaffarpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ahiyapur (Garhan O.P.) P.S. Case No. 1655 of 2023 dated 08.12.2023 registered for the offences punishable u/s 414 of the I.P.C. and Section 25(1-B) a/26/35 of the Arms Act and Section 8/21(b) of the N.D.P.S. Act.

3. As per the prosecution case, total 6.50 gms. of smack, one country made pistol and three live cartridge were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The seized contraband is less than the commercial

Patna High Court CR. MISC. No.21493 of 2024(4) dt.13-08-2024 2/2 quantity. The petitioner has two antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 09.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the allegation levelled against the petitioner as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Ahiyapur (Garhan O.P.) P.S. Case No. 1655 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T