Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38845 of 2023 Arising Out of PS. Case No.-162 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== CHANDAN KUMAR S/O RAMADHIN PRASAD R/O Village- Dayamchak, PS. Sare,Dist. Nalanda ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Syed. Rizwanul Haque For the Opposite Party/s :
Mr.Asha Devi ====================================================== 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 prayed for regular bail in a case registered for the offence punishable under Sections 25(1-b)a, 26/35 of Arms Act.
As per prosecution case, it is a case of recovery of one country made pistol along with three live cartridges and one mobile from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged arms which were seized by the police. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. Moreover, the
Patna High Court CR. MISC. No.38845 of 2023(4) dt.16-10-2023 2/2 petitioner is languishing in judicial custody since 09.04.2023. Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barbigha P.S. Case No. 162 of 2023 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, Sheikhpura. (Sunil Kumar Panwar, J) lata/- U T