Patna High CourtCR. MISC./77306/2023bail granted

Chandan Yadav @ Chandan Kumar v. The State Of Bihar

2023-12-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77306 of 2023 Arising Out of PS. Case No.-552 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Chandan Yadav @ Chandan Kumar S/O Late Arjun Yadav R/O Vill - Salempur, P.S. - Muffasil, Dist - Gaya ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Muffasil P.S. case No. 552 of 2023 instituted for the offences under Sections 25(1-b)a and 26 of the Arms Act.

3. Prosecution allegation, in short, is that the in a search conducted by the police, 5 live cartridges were recovered from the house of the petitioner.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.08.2023 and has seven criminal antecedents in which he is on bail in five cases. The petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.77306 of 2023(2) dt.05-12-2023 2/2 possession of the petitioner. No independent witness has signed on the seizure list.

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 and 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 Muffasil P.S. case No. 552 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T