Kundan Kumar Chaurasia @ Chandan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4832 of 2018 Arising Out of PS. Case No.-176 Year-2017 Thana- AMAS District- Gaya ====================================================== Kundan Kumar Chaurasia @ Chandan, Son of Sudama Chaurasia, Resident of Village Saho Bigha, Police Station- Ghoshi, District- Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Mr. Abhay Kumar For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Amas P.S. Case No. 176 of 2017 registered under Section 25(1-b)a, 26, 35 of the Arms Act and 17 of C.L.A. Act.

The petitioner is said to have been arrested with one loaded country made pistol and two live cartridges along with one other accused person and is also said to have been activist of the naxal group.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. He has been dragged in this false and concocted case by planting the aforesaid recovery

Patna High Court Cr.Misc. No.4832 of 2018(3) dt.15-03-2018 2/2 from his possession due to dirty village politics. There is nothing in the record indicating the complicity of the petitioner barring confessional statement of the petitioner and accused persons recorded by police which has no evidentiary value in the eye of law. He has been languishing in custody since 25.08.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Amas P.S. Case No. 176 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T