Chandan Singh @ Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59917 of 2022 Arising Out of PS. Case No.-369 Year-2022 Thana- NAGAR District- Vaishali ====================================================== CHANDAN SINGH @ CHANDAN KUMAR SINGH S/o Late Lalan Singh R/v- Rambhadra, P.S.- Town Hajipur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 28-02-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.

The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 369 of 2022, registered for the offences punishable under Sections 25(1-b)a, 25(1)(a), 26 and 35 of the Arms Act.

The prosecution case as emerging from the FIR is that on 10.05.2022 at about 02:30 P.M., the Police got a secret information about wanted criminal Chandan Kumar Singh and his associates and on this information, they conducted a raid in the house of the accused-petitioner. Later, the police apprehended the accused persons from

Patna High Court CR. MISC. No.59917 of 2022(3) dt.28-02-2023 2/3 whom one loaded pistol, seven cartridges, mobile and other incriminating articles were recovered.

Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the alleged offence is punishable for imprisonment for a term not less than two years and it may extend to five years. He further submits that investigation in this case is complete and charge-sheet has already been submitted.

He further submits that the petitioner has been languishing in jail for about ten months since 11.05.2022. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in fifteen other cases but in some of them he has already been enlarged on bail.

It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail submitting that

Patna High Court CR. MISC. No.59917 of 2022(3) dt.28-02-2023 3/3 the petitioner is a history-sheeter and he has a criminal antecedents of fifteen other cases and most of them are related to serious offence including murder.

Considering the aforesaid facts and circumstances, I am not persuaded to enlarge the petitioner on bail at this stage.

This petition stands rejected accordingly.

However, Ld. Trial Court is directed to expedite the trial. In case, the trial is not concluded within a period of six months, the petitioner is at liberty to renew his prayer for bail.

Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) ashishkr/- U T