Laldev Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55949 of 2019 Arising Out of PS. Case No.-421 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Laldev Chaudhary Son of Bihari Chaudhary Resident of Village- Sanehi Tola, P.S.- Piro, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Singh For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 398, 400 of the Indian Penal Code and Sections 25(1b)a/26/35 of Arms Act. Allegation is that one loaded country made katta with one live cartridge is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.04.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on disclosure made by co-accused. No arms is alleged to have been recovered from the possession of the petitioner. The recovery is
Patna High Court CR. MISC. No.55949 of 2019(2) dt.03-09-2019 2/2 made from co-accused, namely, Umesh Chaudhary and Surendra Chaudhary. There is no compliance of Section 100 of Cr.P.C.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwant Nagar P.S. case No.421 of 2018.
(Sudhir Singh, J) Narendra/- U T