Chhotu Kumar @ Chhotu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32190 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Chhotu Kumar @ Chhotu Sah S/o- Moti Lal Sah Vill- Raghunathpur PsRaghunathpur, OP Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Fahimuddink, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Turkauliya P.S. Case No. 41 of 2024 instituted for the offences under Section 25(1-b)a/26/35 of the Arms Act.

3. As per prosecution case, the police, on receipt of secret information, reached at the place of occurrence. On seeing the police party, the accused persons assembled there tried to flee away from there but, two of the them including the petitioner were apprehended and other one succeeded in fleeing away. On search, one magazine loaded with two cartridges have been recovered from the possession of the

Patna High Court CR. MISC. No.32190 of 2024(2) dt.26-04-2024 2/3 petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized article. The petitioner has two criminal antecedents and is languishing in judicial custody since 14.01.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with

Patna High Court CR. MISC. No.32190 of 2024(2) dt.26-04-2024 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Turkauliya P.S. Case No. 41 of 2024.

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