Amar Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1316 of 2019 Arising Out of PS. Case No.-693 Year-2018 Thana- KHAJANCHI HAT District- Purnia ====================================================== Amar Kumar Choudhary son of Bijendra Choudhry @ Bijendra Pd. Choudhary resident of village Maranga Bind Toli P.S. K. Hat District Purnea ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under sections 25(1-b)a, 26 and 35 of the Arms Act.
One automatic pistol, three live cartridges, one magazine, cash and mobile phone are said to have been recovered from conscious possession of the petitioner when police raided the shop of petitioner. Furthermore, some packets of cough syrup were also recovered from the shop of the petitioner for which a separate case under Excise Case was registered.
Submission on behalf of petitioner is that nothing was recovered from conscious possession of the petitioner but, as a
Patna High Court CR. MISC. No.1316 of 2019(3) dt.15-03-2019 2/2 matter of fact, police with an object to make an offence graver inserted factum of recovery of firearm from conscious possession of the petitioner. Learned counsel, further, submits that, no doubt, petitioner has been made accused in two cases but, as a matter of fact, both the above two stated cases are related with the present occurrence.
Considering the facts and circumstances as well as submissions of the parties and also keeping in mind that investigation against the petitioner has already been completed, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with K.Hat P.S. Case No. 693 of 2018. (Hemant Kumar Srivastava, J) s.hassan/abhijeetU T