Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22399 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- CHIRAIYA District- East Champaran ====================================================== CHANDAN KUMAR Son of Sri Nanda Prasad Resident of Village - Sirouna, P.S.- Shikarganj (Chiraiya), District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 399, 402 of I.P.C. and 25(1-b)a, 26, 35 of the Arms Act.

Prosecution case, in short, is that one country made

Patna High Court CR. MISC. No.22399 of 2020(2) dt.11-09-2020 2/2 pistol is recovered from the possession of accused Satendra Ram and one mobile is recovered from the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.01.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. Petitioner has falsely been implicated in this case. There is no recovery of arms from the possession of the petitioner. Arms is said to have been recovered from the co-accused.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., East Champaran, Motihari in connection with Chiraiya (Shikarganj) P.S. case No.17 of 2020.

(Sudhir Singh, J) Narendra/- U T