Manoj Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75725 of 2023 Arising Out of PS. Case No.-596 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== MANOJ CHAUDHARY S/o Late Babu Lal Chaudhary R/o Vill - Chandani Chowki Bishanpur, Ward No. 42, P.S. - Town, Dist - Begusarai, Bihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Nagar P.S. Case No. 596 of 2023 dated 14.09.2023 registered for the offences punishable u/ss 25(1-B)a, 26, 35 and 27 of the Arms Act.

3. As per the prosecution case, on secret informant, the petitioner and the co-accused persons were making firing in Brriniya Bazar then the informant reached there. On seeing the police party, the accused persons started to flee away but one person was apprehended by police and the other accused persons fled away from the spot. It is further alleged that the one country made pistol and 3 live cartridges were recovered from the apprehended person.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.75725 of 2023(2) dt.13-12-2023 2/2 the petitioner has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner rather the recovery has been made from the co-accused. Learned counsel has further submitted that there is no eye witness to the alleged occurrence. It is further submitted that the petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation is against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Begusarai in connection with Begusarai P.S. Case No. 596 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T