Suresh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66290 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- KHIJARSARAI District- Gaya ====================================================== Suresh Chaudhary S/O Late Kailash Chaudhary R/O Village- Adhgao, P.SMeskaur, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Khizersarai P.S. Case No. 52 of 2024 instituted for the offence under Sections 25(1-b)a & 26 of the Arms Act. 3.

Prosecution case in short is that there is recovery of one loaded country made pistol and one live cartridge from the possession of the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22-02-2024. Petitioner bears four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.66290 of 2024(3) dt.19-11-2024 2/2 counsel that petitioner has been falsely implicated in the present case. It is submitted that petitioner has no concern with the recovered arms. Learned counsel next submits that police after investigation has already submitted charge sheet in this case. There is no compliance of Section 100 of the Cr.P.C. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that there is direct allegation against the petitioner and witnesses have supported the prosecution case. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Court below/concerned Court in connection with Khizersarai P.S. Case No. 52 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T