Chhotu Kumar Mishra @ Chhotu Mishra @ Chhotu Baba v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63138 of 2024 Arising Out of PS. Case No.-333 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Chhotu kumar Mishra @ Chhotu Mishra @ Chhotu Baba S/O Uday Mishra R/O Village- Madarpur, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 399, 412 and 412 of the Indian Penal Code and 25 (1-b)/a/26/35 of Arms Act 3 . As per prosecution case , on secret information that some miscreants have assembled at NH 22 near petrol pump with a view to commit offence , a raid was conducted and four miscreants were apprehended with arms and other articles and the apprehended persons disclosed that fire arms were supplied to them by this petitioner.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case only on the basis of confessional statement of other co-accused persons who
Patna High Court CR. MISC. No.63138 of 2024(2) dt.25-09-2024 2/2 were apprehended on the spot. Except confessional statement there is nothing on record against this petitioner. No incriminating articles have been recovered from the possession of this petitioner. Petitioner has got no criminal antecedent of similar nature .
5 . Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Vaishali at Hajipur in connection with Hajipur Sadar P.S. case No. 333 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T