Chandan Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59393 of 2017 Arising Out of PS.Case No. -421 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Chandan Shukla, S/o Sri Bachcha Shukla, R/o Village- Bhopatpura, P.S.- Mairwa, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Rai, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Siwan Mufassil P. S. Case No. 421 of 2017 registered for offences punishable under Sections 399/402 of the Indian Penal Code and Sections 25 (1-b)a/26/25 of Arms Act.

The prosecution case as lodged on the basis of written report of Shri Rakesh Mohan, S.H.O., Siwan is that on 07.09.2017, the petitioner had filed his attendance in Sessions Trial no. 527 of 2016, vide Annexure-2 series. On the same day, the petitioner filed a petition before the same Court that the police has lifted the petitioner from the Court campus, hence, representation under Section 317 Cr. P. C. is being filed.

Patna High Court Cr.Misc. No.59393 of 2017 (3) dt.15-01-2018 2/2 Thereafter, the involvement of the petitioner is alleged in the occurrence dated 08.09.2017. It is alleged that one country made pistol with one live cartridge has been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the entire F.I.R. has been lodged only on the basis of suspicion. It is further submitted that two similarly situated co-accused persons namely, Harendra Kushwaha and Mukesh Pandey, respectively have been granted regular bail vide order dated 08.01.2018 passed in Cr. Misc. No. 58083 of 2017 and order dated 10.01.2018 passed in Cr. Misc. No. 63627 of 2017 and the petitioner is in custody since 08.09.2017.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( Rs Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Mufassil P.S.Case No. 421 of 2017, (S. Kumar, J) Sudha/- U T