Chandra Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41030 of 2020 Arising Out of PS. Case No.-526 Year-2020 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Chandra Prakash Singh Son of Santosh Pratap Singh @ Santosh Kumar Singh Resident of Village - New Chandmari, Ward No.26, Near Durga Mandir, P.S.- Nagar (Town), East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashhar Mustafa, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Motihari Town P.S. Case no. 526 of 2020 registered under sections 399, 402 and 414 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act, 1959.

As per allegation in the F.I.R., on receiving information that the accused persons were making preparation for committing an offence, a raid was conducted and it is stated that some mobile phones were recovered from the possession of the petitioner for which he could not produce any documents. It is further stated that a loaded pistol and cartridges were

Patna High Court CR. MISC. No.41030 of 2020(2) dt.03-03-2021 2/2 recovered from other accused persons.

It is submitted by learned counsel for the petitioner that the allegations as levelled against the petitioner are false and concocted. He is in custody since 4.9.2020 and has no criminal antecedent. Investigation in the case with respect to the petitioner has concluded.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner together with the petitioner being in custody since 4.9.2020 and having no criminal antecedent, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Motihari Town P.S. Case no. 526 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 CJM, Motihari. (Partha Sarthy, J) Bibhash/- U T