Chotu Kumar @ Chotu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81810 of 2023 Arising Out of PS. Case No.-645 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Chotu Kumar @ Chotu Yadav Son Of Pappu Yadav R/O Mohalla- Adarsh Colony, Surkhikal Bhatta, P.S.- Barari, Dist.- Bhagalpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 504, 506, 389/34 of the Indian Penal Code and Sections 25, 25(1-B) a, 26, 35 of the Arms Act.
There is recovery of one country made pistol and three live cartridges from the possession of the petitioner.
Patna High Court CR. MISC. No.81810 of 2023(2) dt.04-01-2024 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized arms. The petitioner is languishing in custody since 13.07.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.
In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of charge, if the charge has already not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.81810 of 2023(2) dt.04-01-2024 3/3 Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 645 of 2023.
(Sunil Kumar Panwar, J) Shageer/- U T