Chandan Kumar @ Chandan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49850 of 2025 Arising Out of PS. Case No.-438 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== Chandan Kumar @ Chandan Yadav S/o Jitendra Yadav resident of villageAndharibag, P.S.- Tiar, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Malti Kumari For the Opposite Party/s :
Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-08-2025 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 G.R. No. 6240/2020 arising out of Shahpur P.S. Case No. 438/2020 dated 30.12.2020 registered for the offence punishable u/s 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have indulged in the business of sale and purchase of the illegal weapon and on the secret information, police apprehended one Rishav Kumar and recovered 15 live cartridges and a mobile from him.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.49850 of 2025(2) dt.30-08-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The apprehended person disclosed the name of the petitioner. The other co-accused person has already been granted anticipatory bail by this court vide order dated 09.11.2023 passed in Cr. Misc. No. 72342/2023. The petitioner has seven antecedents and he is on bail in all the cases except one case i.e., Jagdishpur P.S. Case No. 425/2024 as stated in para 3 of the bail petition. The petitioner is in custody since 18.03.2025.
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, Bhojpur, Ara in connection with G.R. No. 6240/2020 arising out of Shahpur P.S. Case No. 438/2020, with the condition ;- (i). The petitioner is directed to remain physically
Patna High Court CR. MISC. No.49850 of 2025(2) dt.30-08-2025 3/3 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 be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T