Md. Chunnu @ Tabrej Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49707 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- DEODHA District- Madhubani ====================================================== Md. Chunnu @ Tabrej Ansari Son Of Md. Amjad Resident Of Village - Thana Chowk Jaynagar, P.S.- Jaynagar, Dist.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 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 25(1-b)a, 26 and 35 of the Arms Act and Sections 8, 20(b)(ii)(B), 25 and 29 of the NDPS Act.

3. Prosecution case relates to recovery of one country made pistol along with seven live cartridges from the possession of this petitioner whereas from the possession of other coaccused person, there has been recovery of some incriminating weapon along with 2 kg ganja like substance.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No any recovery of ganja

Patna High Court CR. MISC. No.49707 of 2023(4) dt.02-12-2023 2/2 has been made from the possession of the petitioner. He has no concern with the seized incriminating weapon. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 16.05.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Deodha P.S. Case No. 42 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 Sessions Judge, Madhubani.

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