Patna High CourtCR. MISC./31004/2021bail granted

Chandan Kumar v. The State Of Bihar

2021-12-13Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31004 of 2021 Arising Out of PS. Case No.-97 Year-2020 Thana- PHULWARIA District- Begusarai ====================================================== CHANDAN KUMAR Son of Rajesh Ram, Resident of Barauni Flag-3, Police Station- Teghra, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

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

The petitioner seeks regular bail in connection with Phulwaria P.S. Case No. 97 of 2020 for the offence punishable under Sections 25(1-b)a, 26 of the Arms Act. The allegation is regarding recovery of one country made pistol and one live cartridge having been recovered from the possession of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, and is languishing in custody since 14.07.2020. The learned counsel for the petitioner has further submitted that the petitioner has been falsely implicated in the present case only on account of his bad antecedent, nonetheless, the petitioner has already been granted bail in four cases out of six criminal cases in which he is an accused.

Patna High Court CR. MISC. No.31004 of 2021(2) dt.13-12-2021 2/2 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 period of incarceration of the petitioner, I deem fit and proper to I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IV, Begusarai in connection with Phulwaria P.S. Case No. 97 of 2020.

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