Santu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34212 of 2021 Arising Out of PS. Case No.-240 Year-2020 Thana- MUNGER MUFFASIL District- Munger ====================================================== SANTU CHOUDHARY S/O SEVAK CHAUDHARY R/o village- Terasi Pirphar, Taufir, P.S.- Munger, District- Munger ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Mufassil Police Station Case No. 240 of 2020, registered for the offences punishable under Sections 25(1-A)/25(1-AA)/25(1B)A/26(1) (2)/35 of the Arms Act. The prosecution case, as per the First Information Report, is that the police raided the house of co-accused Vijay Sharma and recovered four country-made pistols, one live cartridge and some equipment for manufacture of illegal arm. Learned Counsel for the petitioner submits that the name of the petitioner has been disclosed by co-accused Vijay Sharma, from whose house, illegal arms were recovered and the petitioner has falsely been implicated in this case on the basis of disclosure made by co-accused Vijay Sharma. He submits that

Patna High Court CR. MISC. No.34212 of 2021(2) dt.03-01-2022 2/2 no incriminating material and/or fire arm has been recovered from the possession of the petitioner. He further submits that the petitioner is in custody since 18.10.2020 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that no incriminating material and/or fire arm has been recovered from the possession of the petitioner, charge sheet has already been submitted and the petitioner is in custody since 18.10.2020, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Mufassil Police Station Case No. 240 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √