Ajay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41806 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- KASIMBAZAR District- Munger ====================================================== Ajay Chaudhary Son Of Late Tulsi Chaudhary Village- Nawadih Panari PsHunter Ganj Dist- Chatra Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Kasimbazar P.S. Case No. 35 of 2023 dated 13.02.2023, instituted for the offence punishable under Sections 25(1-b)a/26(i)(ii)(iii)/35 of the Arms Act.

3. The prosecution case, in short, is that on 13.03.2023 at about 09.45 am the informant received a secret information that the arms smuggler is coming after purchasing illegal arms. The informant started checking vehicles and apprehended the petitioner and recovered one 7.65 mm country made pistol, 20 mm live cartridges of 7.65 mm and one mobile phone from conscious possession of the petitioner.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.41806 of 2023(2) dt.14-07-2023 2/2 petitioner is innocent and he has been falsely implicated in this case due to ulterior motive of the informant. Learned counsel for the petitioner submits that there is no independent witness of the search and seizure of the case. Learned counsel for the petitioner submits that nothing incriminating article has been recovered from the conscious possession of the petitioner. Lastly, it has been submitted that the petitioner is in custody since 14.02.2023 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Munger, in Kasim Bazar P.S. Case No. 35 of 2023.

(Khatim Reza, J) premchand/- U