Santosh Chaudhary @ Tarjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27880 of 2020 Arising Out of PS. Case No.-328 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== SANTOSH CHAUDHARY @ TARJAN S/o Sri Jitendar Chaudhary Resident of Village-Baryarpur, P.S-Baryarpur, District-Munger (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Tiwary For the Opposite Party/s :

Mr. Balmukund Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Balmukund Sinha, the learned A.P.P. for the State. The petitioner seeks regular bail in connection with K. Nagar (Shrinagar) P.S. Case No. 328 of 2019 for the offence registered under Sections 25(1-b)a, 26 and 35 of the Arms Act. The allegation is regarding recovery of one country made pistol and two live cartridges from the possession of the petitioner after he was apprehended by the Police. It is further submitted that though the petitioner is an accused in one other

Patna High Court CR. MISC. No.27880 of 2020(2) dt.04-11-2020 2/2 case but he is on bail in the said case. Lastly, it is submitted that the petitioner has been punished sufficiently in view of the period of custody already undergone by him inasmuch as he is languishing in custody since 31.08.2019.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Nagar (Shrinagar) P.S. Case No. 328 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T