Chandan Kumar Mahra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31019 of 2021 Arising Out of PS. Case No.-422 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== 1.

CHANDAN KUMAR MAHRA Son of Ramudgar Mahra Resident of Village- Khairamath (Goth), P.S.- Jaynagar, District- Madhubani. 2.

Deolal Yadav @ Deo Lal Yadav Son of Late Laxmi Narayan Yadav Resident of Village- Khairamath (Goth), P.S.- Jaynagar, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard.

The petitioners seek regular bail in connection with Jainagar P.S. Case No. 422 of 2020 for the offence punishable under Sections 414/34 of the Indian Penal Code and sections 25(1-b)a, 26/35 of the Arms Act.

The allegation is regarding the accused persons including the petitioners herein having been intercepted and apprehended by the police and the motorcycle in question, which was being driven by the petitioner no.1, was searched and one country made pistol was recovered from the co-accused person namely Amit Kumar Mahnar, however, no arms were recovered from the petitioners. The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case, are having a clean antecedent and are languishing in

Patna High Court CR. MISC. No.31019 of 2021(2) dt.13-12-2021 2/2 custody since 3.12.2020. The learned counsel for the petitioner has further submitted that the motorcycle in question belongs to the petitioner no.1 and as far as the petitioners are concerned, no arms have been recovered.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that no arms have been recovered from the petitioners herein and they are languishing in custody since 3.12.2020, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the petitioners, above named, are directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhubani in connection with Jaynagar P.S. Case No.422 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T