Patna High CourtCR. MISC./65615/2025bail granted

Kundan Kumar Chaudhary @ Kundan Chaudhary v. The State Of Bihar

2025-09-16Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65615 of 2025 Arising Out of PS. Case No.-328 Year-2024 Thana- TEGHRHA District- Begusarai ====================================================== Kundan Kumar Chaudhary @ Kundan Chaudhary S/o Chhotan Choudhary @ Virendra Chaudhari R/o Village- Raghunathpur , PS- Bhagwanpur, DistBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-09-2025 Heard Mr. Anil Kumar, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State.

2. The petitioner seeks bail in connection with Teghra P.S. Case No. 328 of 2024, instituted for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The 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. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.65615 of 2025(2) dt.16-09-2025 2/2 also submits that the petitioner has got no concern with the alleged recovery of arms. The petitioner has not committed any offence as alleged in the FIR. The petitioner is in custody since 28.09.2024 and has got three criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Teghra P.S. Case No. 328 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T