Patna High CourtCR. MISC./30049/2024bail granted

Chandan Kumar v. The State Of Bihar

2024-04-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30049 of 2024 Arising Out of PS. Case No.-168 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Chandan Kumar Son of Kanhaiya Paswan @ Kanhaiya Prasad Resident of Mohalla- Mohania Ward No. 12 (High School Road), P.S.- Mohania, DistrictKaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parwej Khan For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bhabhua P.S. Case No. 168 of 2024 instituted for the offences under Sections 25(1-AA), 25 (1-b)a, 26 and 35 of the Arms Act.

3. The allegation against the petitioner along with others is of engaging in manufacturing of illegal fire arms.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has come into light on the basis of confessional statement of co-accused Kuber Ram, which has no evidentiary value in the eyes of law. No incriminating article has been

Patna High Court CR. MISC. No.30049 of 2024(2) dt.22-04-2024 2/2 recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. The petitioner is in custody since 10.03.2024 and has one criminal antecedent.

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

6. Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Bhabhua P.S. Case No. 168 of 2024.

(Rudra Prakash Mishra, J) Arish/- U T