Chandan Kumar @ Chandan Kumar Gupta @ Chandan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40641 of 2022 Arising Out of PS. Case No.-220 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== Chandan Kumar @ Chandan Kumar Gupta @ Chandan Gupta S/O Ram Swaroop Sah R/O Village- Nandna Chako Chhapra, Tole- Gangi Chhapra, P.O.- Lautan, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 20 and 22 of the NDPS Act. Allegedly, on a tip off, the police party raided the place of occurrence and recovered one country made loaded pistol, 8 mm cartridge, one mobile phone and about 400 grams charas like substance.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the said Charas and country made pistol

Patna High Court CR. MISC. No.40641 of 2022(2) dt.06-12-2022 2/2 were recovered from the possession of apprehended co-accused Navneet Kumar and no any incriminating weapon and chars has been recovered from the possession of the petitioner and the name of the petitioner came into light on the statement of apprehended co-accused and similarly situated co-accused got the privilege of anticipatory bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 18736 of 2021.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional Sessions Judge-cum-Special Judge (NDPS Act), Muzaffarpur in connection with Minapur P.S. Case No. 220 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T