Patna High CourtCR. MISC./65234/2024bail granted

Chandan Kumar @ Kundan Kumar v. The State Of Bihar

2024-11-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65234 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- GWALPARA District- Madhepura ====================================================== Chandan Kumar @ Kundan Kumar S/o Ram Bilash Mehta @ Ram Vilash Mehta @ Rambilas Mehta R/o vill - Bishanpur, ward no. 18, P.S. - Bihariganj, Distt. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

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

2. The petitioner seeks bail in Gwalpara (Arar O.P.) P.S. Case No. 97 of 2024, instituted for the offences punishable under Section 25(1-B)a, 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, there is recovery of one country made pistol along with 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.65234 of 2024(3) dt.19-11-2024 2/2 further submits that the petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 19.05.2024 and has got one criminal antecedent in which he is on bail.

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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gwalpara (Arar O.P.) P.S. Case No. 97 of 2024.

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