Nikku Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 17495 of 2018 Arising Out of PS.Case No. -330 Year- 2017 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Nikku Chaudhary S/o Sri Narendra Chaudhary, R/o Village- Belour, P.S.- Udwant Nagar in the District of Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Prabhu Narayan Sharma, Advocate For the S t a t e : Mr Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and the APP for the State.

Petitioner seeks bail in a case registered under Sections 25/26/35 of Arms Act.

It is submitted that as an offshoot of the pending cases against the petitioner, he has been implicated in this case falsely alleging recovery of one pistol and four live cartridges from his possession. It is further submitted that the petitioner has been remanded in this case on 21.10.2017. It is also submitted that it is a case of false implication as during the raid, as it appears from the first information report, one of the Constables suffered accidental injury. It is also submitted that the seizure is not in accordance with the procedure prescribed under the Criminal

Patna High Court Cr.Misc. No.17495 of 2018 (3) dt.03-05-2018 2/2 Procedure Code.

Considering the submissions aforesaid, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara in Udwant Nagar Police Station Case No 330 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T