Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2806 of 2021 Arising Out of PS. Case No.-294 Year-2020 Thana- ARWAL District- Jehanabad ====================================================== Chandan Kumar Aged About 18 Years S/O Dinesh Prasad Resident Of Village Purvi Unta, P.S. And District- Jehanabad ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Nitya Nand Neeraj, Advocate For the Opposite Party :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-03-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in a case registered for the offence punishable under section 25, 26 and 35 of the Arms Act.

As per the prosecution case, one loaded country made pistol and a mobile phone have been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is owner of the mobile phone. Petitioner is accused in two other criminal cases in which he is on bail as stated in paragraph 3 of the bail petition. Petitioner is in custody since 20.9.2020. Charge sheet

Patna High Court CR. MISC. No.2806 of 2021(3) dt.18-03-2021 2/2 has already been submitted.

Considering the facts and circumstances of the case and the period of custody, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Arwal in Arwal Police Station Case No. 294 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T