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Patna High CourtCR. MISC./80204/2023allowed

Kundan Chauhan v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80204 of 2023 Arising Out of PS. Case No.-280 Year-2023 Thana- PAKARIBARAW District- Nawada ====================================================== Kundan Chauhan Son Of Vishundev Chauhan @ Vishundev Chouhan R/O Vill - Amarpur, P.S. - Pakribarawan, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== 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 sections 25(1-b)a and 26 of the Arms Act.

3. Prosecution case relates to recovery of one country made pistol along with four live cartridges from the possession of the petitioner.

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. It is further submitted that the recovery of arms has been made from joint possession of the petitioner. Moreover, he is languishing in judicial custody since 27.06.2023.

Patna High Court CR. MISC. No.80204 of 2023(2) dt.14-12-2023 2/2

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 the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge if the charge is not framed in connection with Pakribarawan P.S. Case No. 280 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 Judicial Magistrate, 1st Class, Nawada. (Sunil Kumar Panwar, J) Shubham/- U T