Chand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29675 of 2020 Arising Out of PS. Case No.-299 Year-2020 Thana- HAJIPUR District- Vaishali ====================================================== CHAND KUMAR, Male, age about 24 years, S/o Baleshwar Mahto, R/o Vill.-Hathsarganj, P.S.-Hajipur Town, Distt.-Vaishali. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Kaushal Kishor, Advocate.
For the Opposite Party :
Mr. Harendra Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.
In pursuance of order dated 09.11.2020, a supplementary affidavit has been filed on behalf of the petitioner. In paragraph no. 3 of the said supplementary affidavit, it has been mentioned that the petitioner has been made accused in two other cases besides the present one.
Patna High Court CR. MISC. No.29675 of 2020(3) dt.08-12-2020 2/3 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case for the offence registered under Sections 25(1-b)a and 26 of the Arms Act. The prosecution story, in brief, is that the petitioner was apprehended by the police and on search, one country made pistol alongwith one live cartridge is said to have been recovered from his possession.
It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 21.04.2020. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. One country made pistol alongwith one live cartridge is said to have been recovered from possession of the petitioner. There is no compliance of Section 100 of Cr. P.C. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts and circumstances of the case, the petitioner above named, is directed to 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 the learned
Patna High Court CR. MISC. No.29675 of 2020(3) dt.08-12-2020 3/3 C.J.M., Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No. 229/2020.
(Sudhir Singh, J) U.K./- U T