Patna High CourtCR. MISC./63886/2023allowed

Chandan Kumar v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63886 of 2023 Arising Out of PS. Case No.-242 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Chandan Kumar Son Of Shankar Mahto Village- Bajwachak Singhaul, PsMuffasil (SINGHAUL Op), Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a,26 and 35 of Arms Act.

3. As per prosecution case, the accused persons including this petitioner was apprehended on the spot while they were preparing for commission of an offence and from the possession of this petitioner one country made pistol along with one live cartridge was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.63886 of 2023(2) dt.11-10-2023 2/2 falsely been implicated in this case due to ill motive of the informant. There is no independent witness of the seizure list rather they are police personnel. Similarly situated other coaccused person has already been granted bail by this Court vide order dated. 01.09.2023. in Cr. Misc. No. 58494 of 2023. Moreover, the petitioner is languishing in judicial custody since 30.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil (Singhaul O.P.) P.S. Case No. 242 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Begusarai. (Sunil Kumar Panwar, J) shubham/- U T