Farhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23668 of 2020 Arising Out of PS. Case No.-203 Year-2017 Thana- CHHATAUNI District- East Champaran ====================================================== FARHAN Son of Md. Umar Resident of Village- Chhatauni Barai Tola, P.S.- Chhatauni, Distt- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Tondon, Adv.

For the Opposite Party/s :

Mr. Suresh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-09-2020 This case has been heard through video conferencing. Petitioner is permitted to remove the defects as pointed out by the office within three weeks of normal functioning of the Court, failing which this case be placed before appropriate Bench.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402/34 of the Indian Penal Code and Sections 25 (1-b)a, 26 of the Arms Act. Prosecution case as lodged by the police personnel is that on secret information that some miscreants have gathered near Chhatauni Bus stand and were planning for an offence, a raid was conducted and apprehended some miscreants. On search, a country made pistol loaded with live cartridge was

Patna High Court CR. MISC. No.23668 of 2020(2) dt.16-09-2020 2/2 recovered from the possession of Mithu Kumar and mobile phone were recovered from the possession of Atul Kumar and Rohit Kumar.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated. He submits that no offence is made out against the petitioner. He submits that nothing has been recovered from the possession of the petitioner nor he was arrested from the spot. He submits that on the confessional statement of co-accused, petitioner has been made accused in the present case and he is in custody since 25.04.2020.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Chhatauni Police Station Case No. 203 of 2017. (Anjani Kumar Sharan, J) devendra/- U T