Champaran v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER Mr. Karandeep Kumar, Advocate Mr. Navin Kr. Pandey, APP 3 24-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

The petitioner seeks bail in connection with Dumariaghat P.S. Case No.31 of 2023 registered for the offence under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 03.02.2023.

The allegation against the petitioner is to involve in preparations of dacoity along with other co-accused persons and while preparing so found in possession of one loaded country made pistol along with five live cartridges.

Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.25691 of 2023(3) dt.24-07-2023 petitioner submitted that the implication of petitioner appears only for the reason as he found in possession of one country made pistol and five live cartridges, whereas legal ingredients as to established a, prima facie, case for preparations for committing dacoity is altogether different and cannot be gathered from the narration of the F.I.R. It is further submitted that nothing surfaced during the course of investigation, which may suggest alleged preparations was for committing dacoity. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as implication of petitioner appears only being in possession of firearms and live cartridges, who is a man of clean antecedent coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 03.02.2023, accordingly, petitioner, above named, is directed to be released on bail in connection with Dumariaghat P.S. Case No.31 of Patna High Court CR. MISC. No.25691 of 2023(3) dt.24-07-2023 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T