Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81657 of 2023 Arising Out of PS. Case No.-576 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== Chandan Yadav S/O Shankar Yadav R/O Village- Ballahpur, P.S- Hasanpur, Distt.- Samastipur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2024 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, 27 of Arms Act.

Allegation against the petitioner is that he alongwith other co-accused persons, on the point of pistol, looted ornaments from Sony Fancy Jewellers and in course of search, one country made pistol alongwith magazine, one live cartridge and looted ornaments which was kept in a bag have been recovered from the

Patna High Court CR. MISC. No.81657 of 2023(3) dt.19-01-2024 2/3 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 due to high handedness of police. The petitioner has no concern either with the alleged recovery or with other co-accused persons. It is further submitted that for the same allegation, Tajpur P.S. Case No. 575 of 2022 was also registered. Similarly situated co-accused, namely, Shubham Kumar has been granted bail vide order dated 06.10.2023, passed in Cr. Misc. No. 64927 of 2023 by co-ordinate Bench of this Court. Moreover, the petitioner is languishing in judicial custody since 02.12.2022. 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.

Patna High Court CR. MISC. No.81657 of 2023(3) dt.19-01-2024 3/3 The above named petitioner is directed to be enlarged on bail in connection with Tajpur P.S. Case No. 576 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. I, Samastipur. (Sunil Kumar Panwar, J) Nirajkrs/- U T