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Patna High CourtCR. MISC./24834/2024allowed

Chandan Kumar @ Chandan Singh v. The State Of Bihar

2024-06-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24834 of 2024 Arising Out of PS. Case No.-186 Year-2023 Thana- MAJORGANJ District- Sitamarhi ====================================================== Chandan Kumar @ Chandan Singh Son of Umesh Singh Resident of VillageDumari Kala, P.S.- Mejarganj, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Naresh Singh For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mejarganj P.S. Case No. 186 of 2023 instituted for the offence under Sections 399/402 of the IPC and Sections 25(1-b)a, 26/35 of the Arms Act.

3. As per allegation in the FIR, some miscreants are alleged to have assembled for preparation of offence thereafter, police raided the place of occurrence near the poultry farm of the petitioner but all of them succeeded to flee away. Upon search, some arms and vehicles were recovered from there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has no concerned with the alleged arms seized by the

Patna High Court CR. MISC. No.24834 of 2024(3) dt.21-06-2024 2/2 police. He has been falsely implicated in this case only because of his ownership of the poultry farm, which was in abondoned condition. At the time of raid, petitioner was at Chennai to earn his livlihood. Moreover, he has got no criminal antecedent. Other accused person, who was arrested on spot has already been enlarged on bail by this Court vide order dated4.9.2023 passed in Cr. Misc. No. 59170 of 2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mejarganj P.S. Case no. 186 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, 1st, Sitamarhi subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U