Chhotu @ Chhotan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20667 of 2019 Arising Out of PS. Case No.-233 Year-2018 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== CHHOTU @ CHHOTAN KUMAR Son of Allah Mahto Resident of Village - Jagdur, P.S.- Birpur, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar For the Opposite Party/s :
Mr.Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.
The petitioner is in custody in connection with Chariya Bariyarpur ( Manjhaul O.P.) P.S. Case No. 233 of 2018 for the offence under Section 414 of the Indian Penal Code and Section 25 (1-b) a/26/35 of Arms Act.
Learned counsel for the petitioner submits that allegation against this petitioner is that on search one country made loaded pistol was recovered from the possession of the petitioner. Learned counsel for the petitioner further submits that in fact, recovery was made from the co-accused Manish Kumar but police has shifted the allegation on this petitioner that loaded pistol was recovered from the possession of the
Patna High Court CR. MISC. No.20667 of 2019(2) dt.03-04-2019 2/2 petitioner. Counsel for the petitioner submits that petitioner is in custody since 20.12.2018. Learned counsel also submits that after institution of this case petitioner was made accused in another case bearing Begusarai Town P.S. case No. 721 of 2018 under Section 379 I.P.C.
Considering the fact that petitioner has remained in custody nearly 3 1⁄2 months and petitioner has been made accused subsequently in Begusarai Town P.S. Case No. 721 of 2018, the Court is inclined to enlarge the petitioner on bail. Let the petitioner named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Manjhaul, Begusarai, in connection with Chariya Bariyarpur (Manjhaul O.P.) P.S. Case No. 233 of 2018. (Anil Kumar Upadhyay, J) T.Kr./- U T