Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60573 of 2025 Arising Out of PS. Case No.-527 Year-2025 Thana- GAYA MUFASIL District- Gaya ====================================================== Chandan Kumar S/O Vijay Kumar Saw @ Vijay Saw Resident of villageKajur, P.S.- Atri, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmveer, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Mufassil P.S. Case No. 527 of 2025 registered for the alleged offences under Sections 310(4), 310(5) of Bharatiya Nyaya Sanhita, 2023 and Section 25(1-B)a, 26, 35 of the Arms Act.

03. As per prosecution case, information was received about a criminal gang making plan to commit robbery in some bank or jewelry shop. Five persons were found standing with two motorcycles. Two of them were apprehended, who disclosed the name of this petitioner for whom they were waiting for committing some offence. Thereafter, this petitioner was apprehended and from his possession, one mobile phone

Patna High Court CR. MISC. No.60573 of 2025(2) dt.09-09-2025 2/3 was recovered. The apprehended miscreants disclosed that they had been making plan for committing robbery in Axis Bank and CSP. The three apprehended persons disclosed about concealing of firearms and ammunition under the seats of the motorcycles and thereafter, recovery of a country made katta and two live cartridges was made from the Pulsar motorcycle and from Splendor motorcycle, recovery of a katta and one live cartridge was made.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner. The motorcycles from which recovery has been shown do not belong to this petitioner. The petitioner was not even apprehended along with co-accused who were standing near the motorcycles. The petitioner was apprehended from the gate of District Court, Gaya when he was going to attend his case. The petitioner is in custody since 04.06.2025 and charge-sheet has been submitted. The petitioner is having antecedent of three cases and he is on bail in all such cases.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

Patna High Court CR. MISC. No.60573 of 2025(2) dt.09-09-2025 3/3

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the completely vague nature of allegation against the petitioner and further considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to 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, Gaya/court concerned in connection with Mufassil P.S. Case No. 527 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T