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Patna High CourtCR. MISC./1262/2023allowed

Chandan Kumar v. The State Of Bihar

2023-03-28Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1262 of 2023 Arising Out of PS. Case No.-558 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Chandan Kumar Son Of Shankar Singh Resident Of Village- Ramdiri, Ward No.-08, Mahaji Tola, P.S.- Matihani, District- Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b),a, 26, 35 of the arms Act.

It is a case of recovery of one country made pistol and one live cartridge from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no

Patna High Court CR. MISC. No.1262 of 2023(2) dt.28-03-2023 2/3 independence witness of the alleged seizure. After completing the investigation, police has submitted the charge-sheet. It is further submitted that on the relevant time the petitioner was going from that place and only on the basis of suspicion the petitioner has been apprehended by the police. Moreover, the petitioner is languishing in judicial custody since 11.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Town P.S. Case No. 558 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.1262 of 2023(2) dt.28-03-2023 3/3 the satisfaction of the learned Chief Judicial Magistrate, Begusarai.

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