Mangal Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38512 of 2017 Arising Out of PS.Case No. -295 Year- 2017 Thana -SAHARSA District- SAHARSA ====================================================== Mangal Choudhary Son of Late Shiv Choudhary, Resident of VillageRukminian, Ward No. 4, P.S. Beldour, District-Khagaria, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 03.04.2017 in connection with Saharsa Sadar P.S. Case No. 295 of 2017 registered for the offence punishable under Section 414 of the Indian Penal Code and Sections 25(1-b)A, 26 and 35 of the Arms Act.

The prosecution case is, as lodged by the police party, is that during patrolling a white colour Bolero vehicle was intercepted from which the passengers tried to flee away, but they were apprehended and from their possession, country made pistols and live cartridges were recovered. From the petitioner, who was

Patna High Court Cr.Misc. No.38512 of 2017 (2) dt.23-08-2017 2/2 the driver of the said vehicle, only mobile phone was recovered. It has been submitted by the learned counsel for the petitioner that he is innocent, is the driver of the said vehicle and nothing has been recovered from his conscious possession, as such, the provisions of the Arms Act will not be applicable. He further submits that he has no criminal antecedent and he did not know that passengers were having arms with them and that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of Sri S.K. Modi, learned Chief Judicial Magistrate, Saharsa in connection Saharsa Sadar P.S. Case No. 295 of 2017. (Nilu Agrawal, J.) Arjun/- U T