Patna High CourtCR. MISC./76827/2023bail granted

Mohan Chaturvedi @ Mohan Kumar Chaturvedi v. The State Of Bihar

2023-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76827 of 2023 Arising Out of PS. Case No.-580 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== MOHAN CHATURVEDI @ MOHAN KUMAR CHATURVEDI Son of Late Divakar Chaubey Resident of Village - Bhopatpur, P.S.- Mohania, District - Kaimur (Bhabua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kumar Ojha, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mohania P.S. case No. 580 of 2023 instituted for the offences under Sections 25(1-B) a/26 of the Arms Act.

3. It is alleged that one country-made pistol and one empty cartridge were recovered from the premises of Dina Nath Chourturbedy under the guava tree.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.08.2023 and has two criminal antecedents. The petitioner has falsely been implicated in the present case. No specific overt act is alleged against the petitioner. Nothing incriminating has been recovered from the pos-

Patna High Court CR. MISC. No.76827 of 2023(2) dt.04-12-2023 2/2 session of the petitioner.

5. Learned A.P.P. 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 as also 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mohania P.S. case No. 580 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U