Md. Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22461 of 2020 Arising Out of PS. Case No.-3 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== MD. CHAND S/o Mohammad Rojid @ Md. Roji Resident of Ward No.07, Near Madarsa, Bairia Kamal, P.S.- Birpur, Distt- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2020 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 defect(s), 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 registered under Sections 414/34 of the Indian Penal Code and 25(1-b)a/26/35 of the Arms Act.

Allegedly, fire-arms are said to have been recovered in this

Patna High Court CR. MISC. No.22461 of 2020(2) dt.14-09-2020 2/2 case.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 03-01-2020. Charge sheet has already been submitted. There is no recovery of fire-arms from possession of the petitioner. The petitioner has been made accused due to mistake of fact. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

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 learned Chief Judicial Magistrate, I/C, Sitamarhi in connection with Runni Saidpur P.S. Case No. 03 of 2020.

(Sudhir Singh, J) A.K.V.//- U T