Nandkishore Chaudhary @ Nandkishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83118 of 2023 Arising Out of PS. Case No.-338 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== NANDKISHORE CHAUDHARY @ NANDKISHORE YADAV SON OF CHHABILA YADAV RESIDENT OF VILLAGE -PACHALAKHI, P.O.- PACHALAKHI, P.S- NAUTAN, DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Shahi, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 414/34 of the IPC and 25(1-b)a, 26 of the Arms Act.

3.

Allegedly, during patrolling duty, four suspicious persons on two motorcycles were seen coming, who tried to run away but one person with motorcycle was apprehended by the police and from his possession, one country made pistol and 5 cartridges were recovered. He disclosed that he works as liner for the petitioner Nandkishore Chaudhary in his liquor business. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive.

Patna High Court CR. MISC. No.83118 of 2023(2) dt.08-01-2024 2/2 The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The petitioner has not been apprehended on the spot and his name transpired on the confessional statement of the apprehended co-accused. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has one criminal antecedent and one co-accused Anil Yadav @ Anil Kumar has been granted anticipatory bail by this Court vide order dated 20.12.2023, passed in Cr. Misc. No.81237 of 2023. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mirganj P.S. Case No.338 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T