Patna High CourtCR. MISC./54016/2024bail granted

Chandra Bhushan Kumar v. The State Of Bihar

2024-09-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54016 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- Patarghat District- Saharsa ====================================================== CHANDRA BHUSHAN KUMAR S/O SURENDRA YADAV R/O VILLAGE- SAHASRAM, WARD NO.-16, P.S- PATARGHAT, DISTT.- SAHARSA.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Binod Kumar Sinha, Advocate For the State :

Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, police apprehended one Raj Kumar with arms and ammunition, who disclosed the name of this petitioner.

4. It is submitted by learned counsel appearing on behalf of the petitioner that name of petitioner has come in F.I.R. on the basis of confessional statement of co-accused Raj Kumar, who was arrested at the spot with arms and ammunition. Nothing has been recovered from possession of this petitioner. Except

Patna High Court CR. MISC. No.54016 of 2024(2) dt.03-09-2024 2/2 confessional statement, there is no material on record to show the complicity of this petitioner in the alleged occurrence. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, fact that nothing has been recovered from conscious possession of this petitioner and clean antecedents, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 learned C.J.M., Saharsa, in connection with Patarghat P.S. Case No. 1 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T