Chhotu Sah @ Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47473 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Chhotu Sah @ Chhotu Kumar Son of Late Dinesh Sah @ Buchchu Sah Resident of village - Singhiyaghat, Ward No.- 06, P.S.- Vibhutipur, District - Samastipur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar Roy, Adv.
For the Opposite Party/s :
Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Town P.S. Case No. 09 of 2024 dated 05.01.2024 registered for the offences punishable u/ss 399 and 402 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act and Sections 20(b) and 22(b) of the N.D.P.S. Act.
3. As per the prosecution case, a loaded country made pistol with live cartridge and cash of Rs. 15,000/- were recovered from the possession of the petitioner. It is further alleged that 1 Kg. and 100 gram of ganja was also recovered from the place of occurrence.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been
Patna High Court CR. MISC. No.47473 of 2024(3) dt.31-08-2024 2/3 implicated in this case. There is general and omnibus allegation against the petitioner. The name of the petitioner has transpired in this case merely on suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. Learned counsel has further submitted that the seized contraband is less than the commercial quantity. The petitioner has five criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.01.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6.
Considering the aforesaid facts and circumstances of the case as well as the period of custody the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Town P.S. Case No. 09 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every
Patna High Court CR. MISC. No.47473 of 2024(3) dt.31-08-2024 3/3 date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T