Rajan Kumar @ Chanchal @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39494 of 2023 Arising Out of PS. Case No.-171 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Rajan Kumar @ Chanchal @ Chhotu Son Of Amarnath Singh, R/o VillageBalahin Lachhi, Ps- Rajpur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 353, 307/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27, 35 of the Arms Act. As per allegation in the FIR, petitioner along with other co-accused persons have created hindrance in discharging the official duty of the police personnel and opened fire upon the police personnel but did not hit anyone. The allegation against the petitioner is that from his possession one country made loaded pistol and one live cartridge were recovered. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.39494 of 2023(4) dt.16-10-2023 2/2 offence. He has falsely been implicated in the present case due to high handedness of police. He has no concern with alleged arms which were seized by the police. General and omnibus allegation has been levelled against the petitioner. No one has received injury in this case. The petitioner is languishing in judicial custody since 04.02.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ahiyapur P.S. Case No. 171 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 the learned C.J.M., Muzaffarpur. (Sunil Kumar Panwar, J) lata/- U T