Chandan Ram @ Chandan Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51336 of 2024 Arising Out of PS. Case No.-168 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== Chandan Ram @ Chandan Kumar Nirala Son of Kailash Ram @ Kailas Ram Resident of Vill- Hindu Chakia, P.S.- Chakia, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 324, 326, 332, 333, 352, 353, 307 of the Indian Penal Code and Sections 25(1-b)a, 26, 27, 35 of Arms Act.

3. According to the FIR, when the informant along with police personnel were on patrolling duty, a vehicle was trying to escape after seeing them. When police tried to caught them, a clash broke out between the accused and the police. Ultimately, the accused persons have been arrested and from their possession some arms and other incriminating article has been recovered.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.51336 of 2024(2) dt.19-07-2024 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the diclsoure of apprehended co-accused. The petitioner has no concerned with the alleged arms seized by the police. Neither he was arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 20.3.2024. Other co-accused Lucky @Taukir Alam has been enlarged on bail by this Court vide order dated 3.11.2023 in Cr. Misc. No. 69672 of 2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Chakia P.S. Case No. 168 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari at East Champaran.

(Sunil Kumar Panwar, J) amandeep/- U T