Madan Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47719 of 2021 Arising Out of PS. Case No.-165 Year-2020 Thana- MUNGER MUFFASIL District- Munger ====================================================== MADAN CHOUDHARY Son of Naresh Choudhary Resident of Village - Tirasi, Pir, Pahar, P.S.- Muffasil, Distt.- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jyoti Ranjan Jha, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-05-2022 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 332, 333, 353 and 34 of the Indian Penal Code and sections 25(1-B)(a), 26(1) and (2), 27 and 35 of the Arms Act.
As per the prosecution case, on information having been received that the accused persons had gathered and were planning to give effect to an occurrence, it is stated that a raid was conducted. In the raid the petitioner was caught and from his possession two loaded country-made pistols and 23 live cartridges were recovered.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the
Patna High Court CR. MISC. No.47719 of 2021(5) dt.06-05-2022 2/2 petitioner's possession. He has been falsely implicated in the case because of his antecedent. The petitioner is in custody since 2.7.2020. It is further submitted that an affidavit has been filed explaining the statement made in paragraph no. 3 of the petition.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the allegations in the FIR together with the petitioner having remained in custody for 1 year 9 months, the petitioner is directed to be enlarged on bail in connection with S.T. no. 116 of 2021 (arising out of Muffasil P.S. Case no. 165 of 2020 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 Additional Sessions Judge I, Munger. (Partha Sarthy, J) Spd/- U T