Chandan Yadav @ Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31862 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- RAJPUR District- Buxar ====================================================== Chandan Yadav @ Chandan Singh Son Of Tej Narayan Singh Resident Of Village- Bhgatganj @ Bhagat Ganj, P.S.-Dinara, District-Rohtas. ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Setu Prateek, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Rajpur P.S. Case No. 39 of 2023 registered for the offence under Sections 25(1-b)a, 26 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 29.01.2023.

The allegation against the petitioner is to have in possession of one motorcycle, one country made pistol alongwith one live cartridge.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner falsely implicated with the present

Patna High Court CR. MISC. No.31862 of 2023(2) dt.22-06-2023 2/2 case out of suspicion arises out of his criminal antecedents as he found involved in three more criminal cases, where he is on bail. It is also submitted that the alleged recovery of firearm is not appears to be made from the conscious physical possession of this petitioner. While concluding the argument, it is submitted that investigation of this case is completed, for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and by taking note of the nature of accusation, coupled with the fact that charge-sheet has already been submitted, where petitioner is in custody since 29.01.2023 accordingly, petitioner above named, is directed to be released on bail in connection with Rajpur P.S. Case No. 39 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Buxar/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T