Md. Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40939 of 2020 Arising Out of PS. Case No.-15 Year-2020 Thana- KHAJAULI District- Madhubani ====================================================== MD. CHAND Son of Md. Ali Resident of Village- Bhakua, P.S.- Khajauli, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-04-2021 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Khajauli P.S. Case no. 15 of 2020 registered under sections 420, 411, 414 and 34 of the Indian Penal Code and section 25(1-B)(a), 26 and 35 of the Arms Act.

As per allegation in the FIR, a loaded country made pistol and two live cartridges are stated to have been recovered from the house of the petitioner. It is further stated that on the information gathered from the petitioner, raid at various places were carried out and various recoveries from different accused persons took place.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. The petitioner has been falsely implicated in the case because of his antecedents. No incriminating article has been recovered from his person or possession. He is in custody since

Patna High Court CR. MISC. No.40939 of 2020(5) dt.06-04-2021 2/2 4.2.2020.

The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the period in custody and charge sheet having been submitted, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Khajauli P.S. Case no. 15 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 Judicial Magistrate 1st Class, Madhubani. Prakash/- (Partha Sarthy, J) U