Shubham Chaurasia @ Subham Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62782 of 2023 Arising Out of PS. Case No.-264 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Shubham Chaurasia @ Subham Chaurasia S/O Sanjay Chaurasia @ Sanjay @ Sanjay Kumar R/O Village- Batrauli, P.S.- Bankata, Dist.- Deoria, State- U.P. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Ranjan For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 414/34 of the Indian Penal Code and Sections 25(1-b)a, 26(i) & 35 of Arms Act.

3. As per prosecution case, the petitioner along with others are alleged to have been apprehended by police while they were assembled for committing offence. Several arms were recovered. From possession of this petitioner, one motorcycle along with one mobile phone was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. He

Patna High Court CR. MISC. No.62782 of 2023(2) dt.09-10-2023 2/2 has no concern with the alleged seized arms or other co-accused persons. It is also submitted that nothing incriminating article has recovered from conscious possession of the petitioner and as alleged seized Apache motorcycle belongs to him. He has got no criminal antecedent as stated in para-3 of the bail petition. Moreover, he is languishing in judicial custody since10.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mirganj P.S. Case No. 264 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XV, Gopalganj.

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