Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29857 of 2024 Arising Out of PS. Case No.-343 Year-2023 Thana- ATHMALGOLA District- Patna ====================================================== Chandan Kumar S/O Navin Singh R/O Village- Fulelpur, P.S- Athmalgola, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Athmalgola P.S. Case No. 343 of 2023, registered under Sections 399, 402, 414 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that police, on the basis of secret information that few miscreants were planning to commit dacoity, raided the place. Seeing the police party, accused persons tried to flee away but two of the accused persons were arrested. On search, six live cartridges were recovered from the left pocket of co-accused Naveen Singh.

Patna High Court CR. MISC. No.29857 of 2024(3) dt.12-07-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that the petitioner is not named in the F.I.R. and name of the petitioner has transpired on the basis of confessional statement of co-accused person. The petitioner has got two criminal antecedents in which the petitioner is acquitted in one case. There is no compliance of Section 100 of Cr.P.C. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted regular bail by this Court vide order dated 20.02.2024 passed in Cr. Misc. No. 2119 of 2024 and order dated 10.05.2024 passed in Cr. Misc. No. 15105 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Athmalgola P.S.

Patna High Court CR. MISC. No.29857 of 2024(3) dt.12-07-2024 3/3 Case No. 343 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T