Janardhan Choudhary @ Janardan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51114 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- SIKRAUL District- Buxar ====================================================== Janardhan Choudhary @ Janardan Chaudhary, Son of Late Yamuna Chaudhary Resident of Village- Paharpur, P.S. - Sikraul, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghwendra Pratap Singh, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sikraul P.S. Case no. 74 of 2019, registered under Section 25(1-B)A, 26 of the Arms Act.

The accusation is that on receiving secret information about sleeping of petitioner along with rifle in front of his house in village-Paharpur, the informant along with other Police personnel reached there. On seeing the light of vehicle, one person started running. When informant reached at the house of petitioner then saw one illegal arm lying on the cot. The persons, who were slept there also woke up and in presence of witnesses Jatuli Chaudhary and Jay Prakash Chaudhary, the cot was searched from where one country made

Patna High Court CR. MISC. No.51114 of 2019(2) dt.17-08-2019 2/2 rifle along with one live cartridge recovered. On query, Jatuli Chaudhary disclosed that the person, who succeeded to flee away was Janardhan Choudhary (Petitioner).

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the alleged rifle was not recovered from the possession of the petitioner or from the house of the petitioner, rather, the same is said to be recovered from outside the house. Further submission is that petitioner has falsely been implicated in this case by his family members due to land dispute. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M-VI, Buxar in connection with Sikraul P.S. Case No. 74 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T