Chandra Shekhar Yadav @ Prabhat Chandra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 27877 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== CHANDRA SHEKHAR YADAV @ PRABHAT CHANDRA SON OF SHAILENDRA PRASAD YADAV RESIDENT OF VILLAGE RAMPUR KHARHARA ,PS RASALPUR, DISTT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Dilip Kumar, Advocate For the Opposite Party/s :

Mr Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Kahalgaon Police Station (for brevity, PS) Case No 60 of 2023 dated 16.01.2023 registered for the offence punishable under Sections 25 (1-B) a, 25 (1-AA), 26

(1) (2) and 35 of the Arms Act.

As per the prosecution case, the petitioner and other co-accused persons were indulged in manufacturing firearms illegally.

Patna High Court CR. MISC. No.27877 of 2023(2) dt.25-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner bears clean antecedent, as stated in paragraph 3 of the bail petition. He is in custody in this case since 16.01.2023. It is further submitted that incriminating materials have been recovered from the house of co-accused Sonu Kumar. No recovery has been made from the possession of the petitioner.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the fact that there is no recovery from the possession of the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Kahalgaon PS Case No 60 of 2023 dated 16.01.2023.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T