Patna High CourtCR. MISC./80238/2023allowed

Chunnu Kumar v. The State Of Bihar

2023-12-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80238 of 2023 Arising Out of PS. Case No.-281 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== CHUNNU KUMAR S/O HARDEV RAY R/O VILLAGE- MARAR, P.SRIGA, DISTT.- SITAMARHI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of Arms Act.

3. As per prosecution case, the petitioner is said to have been apprehended with a motorcycle from whose possession, one country made pistol along with a live cartridge was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the seized country made pistol and so far as motorcycle is concerned, the same belongs to the petitioner. The

Patna High Court CR. MISC. No.80238 of 2023(2) dt.14-12-2023 2/2 alleged seized motorcycle was purchased by the petitioner from R.J. Automobiles on 2.7.2023 and in support of this, Annexure P-2 has been annexed with the petition. Moreover, the petitioner is languishing in judicial custody since 17.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail after farming of charge, if not framed, in connection with Riga P.S. Case No. 281 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Sitamarhi.

(Sunil Kumar Panwar, J) Amandeep/- U T