Pappu Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70128 of 2021 Arising Out of PS. Case No.-158 Year-2020 Thana- RAJPUR District- Buxar ====================================================== Pappu Chauhan, S/O Late Subh Narayan Chaudhari R/O Village- Dadura, P.S.- Rajpur, District- Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Gupta For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2022 The learned counsel for the petitioner seeks permission to make rectification at Para-10 of the bail application.

Permission is accorded.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-b)a, 26 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 11.09.2020, charge-sheet has been submitted in this case and has antecedent of four cases. Allegation is of recovery of a loaded country-made rifle of 0.315 bore from the house of the petitioner along with a live cartridge.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and has

Patna High Court CR. MISC. No.70128 of 2021(2) dt.16-05-2022 2/2 remained in custody for more than 18 months. It is further submitted that charges have been framed, but not a single witness has been examined till date.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, charges have been framed and the trial has not commenced, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Rajpur P. S. Case No.158 of 2020, subject to condition that one of the bailors shall be the mother of the petitioner namely, Seema Devi.

However, if the learned Court below comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner, the learned Court below shall forthwith cancel his bail bonds after recording reasons and will take all coercive measures to take back the petitioner in custody. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T