Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52510 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- BAJPATTI District- Sitamarhi ====================================================== CHANDAN KUMAR SON OF KISHANDEO SINGH RESIDENT OF VILLAGE - ADHKHANNI, POLICE STATION - PARIHAR, DISTRICT - SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the State : Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-08-2024 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 Bajpatti, P.S. Case No. 20 of 2024 dated 18.01.2024 registered for the offences punishable u/s 25(1-b)a 26,30 of the Arms Act.

3. As per the prosecution case, during raid, one country made pistol and one live cartridge were recovered near the Pipal tree situated near the bank of the Bantolwa Marha river.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.52510 of 2024(2) dt.01-08-2024 2/2 possession of the petitioner. Similarly situated co-accused has already been granted bail by this court vide order dated 25.06.2024 passed in Cr. Misc. No.42534 of 2024. The petitioner has four criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since19.01.2024.

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 abovenamed, 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, Pupri, Sitamarhi in connection with Bajpatti, P.S. Case No. 20 of 2024, with a condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T