Chitranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34648 of 2020 Arising Out of PS. Case No.-244 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== CHITRANJAN KUMAR Son of Shankar Singh @ Shiv Shankar Singh Resident of Village - Madhurapur, Dakshinwari Tola, P.S. - Teghra, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

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

The petitioner seeks bail in a case registered under Sections 25(1-b)a, 26, 35 of the Arms Act.

Allegation is that one country made pistol with one live cartridge is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.11.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged

Patna High Court CR. MISC. No.34648 of 2020(2) dt.15-01-2021 2/2 against the petitioner. The petitioner has falsely been implicated in this case. One country made pistol with one live cartridge is recovered from co-accused. There is no recovery of arms from the possession of the petitioner. The petitioner has been made accused due to mistake of fact. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 S.D.J.M., Manjhaul, Begusarai in connection with Khodawandpur (Chhaurahi O.P.) P.S. case No.244 of 2019.

(Sudhir Singh, J) Narendra/- U T