Chandan Kumar @ Chanchan Kumar@ Chanchan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48364 of 2023 Arising Out of PS. Case No.-271 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Chandan Kumar @ Chanchan Kumar@ Chanchan Mahto Son Of Indradev Mahto Resident Of Village- Ward No. 10, Nagdah, Ps- Muffasil (SIGHAUL Op), Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 120(B) of the Indian Penal Code and under Section 25(1-B)a, 26 and 35 of the Arms Act pending in the learned court below.

3. As per the prosecution case, petitioner is said to offered Rs.3,00,000/- to one Md. Raja for committing murder of one person and the arms which were recovered by the Police was given to him by the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is nothing recovered from the conscious possession or from the house of the petitioner. He

Patna High Court CR. MISC. No.48364 of 2023(2) dt.24-08-2023 2/2 submits that from perusal of the F.I.R. it is clear that the house from which the fire arm was recovered is occupied by several persons including family members of the petitioner and there is nothing to show any nexus of the petitioner with the recovered fire-arm. He further submits that there is no compliance of Section 100 Cr.P.C.. He further submits that petitioner has got one criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Begusarai Town P.S. Case No.271 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T