Chanchal Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19037 of 2019 Arising Out of PS. Case No.-387 Year-2018 Thana- BUXAR MUFFSIL District- Buxar ====================================================== CHANCHAL MISHRA Son of Bharat Mishra Resident of Village - Vishwamitra Colony, P.S.- Buxar (Industrial), Distt - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Digvijay Kumar Ojha For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Buxar(M) P.S. Case No. 387 of 2018 for the offences punishable under Sections 399/402/414 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act.

The allegation is regarding recovery of one loaded country made pistol from the waist of the petitioner herein when he was apprehended by the police.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and the date of seizure list and the FIR appear to have been tampered, hence veracity of the present case is doubtful. It is further submitted that though the petitioner is accused in nine other

Patna High Court CR. MISC. No.19037 of 2019(2) dt.04-04-2019 2/2 cases, but in eight of them, he has been acquitted. The petitioner is stated to be languishing in custody since 23.12.2018. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct for release of the petitioner immediately upon completion of six months of his custody i.e. w.e.f. 23.12.2018 subject to such condition as may be imposed by the learned court of Chief Judicial Magistrate, Buxar in connection with Buxar (M) P.S. Case No. 387 of 2018. The bail petition stands disposed of with the aforesaid directions.

(Mohit Kumar Shah, J) Tiwary/- U