Chand Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67673 of 2024 Arising Out of PS. Case No.-325 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Chand Alam S/O Abdul Alam R/O Village- Turkauliya wad no.11, P.S.- Turkauliya, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Harsidhi P.S. Case No. 325 of 2024 registered for the offence punishable under Sections-414, 399 and 402 of the Indian Penal Code and Sections-25(1-b)a, 26, 35 of the Arms Act.

3. As per prosecution case, in course of vehicle checking by the informant, one Scorpio car tried to flee away but the Scorpio was stopped and five persons were apprehended. On search, one loaded country-made pistol with a cartridge has been recovered from possession of the co-accused.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.67673 of 2024(2) dt.20-09-2024 2/2 this case. He is a person of clean antecedent and is under custody since 11-06-2024. The co-accused, namely, Sahareyar Ansari @ Shareyar Ansari has been granted bail by this court vide order dated 28-08-2024 passed in Cr. Misc. No. 59164 of 2024. The case of the petitioner is better footing to that of coaccused, Sahareyar Ansari @ Shareyar Ansari as no recovery was made from the petitioner whereas the country-made pistol and cartridge was recovered from the co-accused. The petitioner is languishing in judicial custody since 11-06-2024.

5. Learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Miss Nidhi Navneet, learned Judicial Magistrate-Ist Class, East Champaran, Motihari in connection with Harsidhi P.S. Case No. 325 of 2024, subject to the condition that the petitioner shall cooperate in the trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) A.K.V.//- U T