Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62280 of 2022 Arising Out of PS. Case No.-344 Year-2019 Thana- BAKHARI District- Begusarai ====================================================== CHANDAN KUMAR Son of Umesh Paswan Resident of - Ward No.- 5, Sonama, Sonwan, Garhpura, P.S.- Bakhari, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273 of the Indian Penal Code and Sections 25(1-b)a, 26 & 35 of the Arms Act.

Prosecution case relates to recovery of one country made pistol with two live cartridges from the possession of coaccused namely, Rajkishore Kumar who was apprehended on spot and he disclosed the name of the petitioner as his associate. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case on the basis of suspicion. Neither the petitioner was apprehended on spot nor

Patna High Court CR. MISC. No.62280 of 2022(2) dt.20-02-2023 2/2 any incriminating article has been recovered from his conscious possession. The co-accused namely, Rajkishore Kumar from whose possession the country made pistol was recovered, is already getting the privilege of bail granted by a coordinate Bench of this Court vide order dated 12.12.2019 passed in Cr. Misc. No. 82658 of 2019 which is annexed as Annexure-2 series. It is further submitted that the petitioner is languishing in judicial custody since 25.7.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bakhari P.S. Case No. 344 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Bakhari, Begusarai.

(Sunil Kumar Panwar, J) amandeep/- U T