Chandrawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82100 of 2023 Arising Out of PS. Case No.-353 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== CHANDRAWATI DEVI W/O PURUSHOTTAM LAL RAJAK R/O VILLAGE/MUHALLA- PANCHSHEEL NAGAR, PS. GORAKHPUR, DIST. JABALPUR (M.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 121, 379, 414, 120B, 34 of the Indian Penal Code and Sections 25(1-A), 25(1-AA), 25(1-b)a, 26, 35 of the Arms Act and Section 39 of the U.A.P. Act.

As per prosecution case, some concealed parts of AK-47, rifle in the field of co-accused situated on the bank of river Ganga were recovered. During course of excavation some parts of AK-47 were recovered contained in plastic bags from the alleged place of occurrence and name of the

Patna High Court CR. MISC. No.82100 of 2023(2) dt.19-12-2023 2/3 petitioner is also came into light as associate. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case merely on the basis of confessional statement of co-accused. The petitioner has no concern with the alleged recovery nor any incriminating has been recovered from her conscious possession. Similarly situated co-accused has already been granted bail by this Court vide order dated 25.07.2023 passed in Cr. Misc. No. 25164 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 07.10.2018.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody and being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 353 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.82100 of 2023(2) dt.19-12-2023 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, District, Munger.

(Sunil Kumar Panwar, J) manishkumar/- U