Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53835 of 2022 Arising Out of PS. Case No.-453 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== Chandan Kumar S/O Sri Ramesh Prasad @ Ramesh Mahto R/O VillageKhandpar, Aharapar, P.S.- Sheikhpura, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinkar Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a/26/35/26(1)/35 of Arms Act.

It is a case of recovery of one country made pistol and two live cartridges from the possession of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 2.8.2022. It

Patna High Court CR. MISC. No.53835 of 2022(2) dt.16-01-2023 2/2 is further submitted that there is no independent eye witness of the alleged seizure. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sheikhpura P.S. Case No. 453 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura.

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