Allowed

Md. Chand v. The State of Bihar

Patna HC17 Feb 2022CR. MISC./43876/2021

Case brief

AI extract

What is this about?

In an oral order, the Patna High Court granted regular bail to the petitioner in a criminal case involving offences under the IPC and the Arms Act. The court was inclined to grant bail considering the petitioner's custody duration, the completion of investigation, and the bail granted to co-accused.

What did the court decide?

Petitioner released on regular bail on furnishing a bond of Rs. 10,000/- with two sureties of like amount.

Md. Chand Vs The State of Bihar — Property and Title | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43876 of 2021

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Arising Out of PS. Case No.-141 Year-2021 Thana- KOILWAR District- Bhojpur

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MD. CHAND Son of Md. Mumtaz Resident of Village - Kayam Nagar (Gidha), P.S.- Koilwar, District - Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Arshad Jameel Hashmi, Advocate. For the Opposite Party/s : Mr. Shyam Kumar Singh, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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4 17-02-2022

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Heard learned counsel for the parties through video conferencing.

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Petitioner seeks regular bail in connection with Koilwar P.S. Case No. 141 of 2021 registered for the offence punishable under Sections 399 / 402 / 414 / 34 of the Indian Penal Code and under Section 25(1-B)a / 26 / 35 of the Arms Act.

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As per the prosecution case, on secret information that some miscreants have gathered near Kulharia More, a raid was conducted and this petitioner along with three other accused persons were apprehended. On search, a Motorcycle bearing Registration No. BR-06-CJ-5691 has been recovered from the possession of the petitioner.

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Learned counsel for the petitioner submits that petitioner is

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Patna High Court CR. MISC. No.43876 of 2021(4) dt.17-02-2022 2/2

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innocent and has falsely been implicated in this case. No arms or ammunition has been recovered from the possession of the petitioner. Petitioner is in custody since 3.4.2021, investigation in this case is complete and similarly situated co-accused / Md. Meraz and Md. Noor Alam have been granted bail by co-ordinate Bench of as well as this Court in Cr. Misc. 50318 of 2021 and 48744 of 2021 respectively.

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Regard being had to the submissions made by the parties, taking into consideration the materials available on record, the fact that petitioner is in custody since 3.4.2021 and similarly situated coaccused persons have been granted bail by co-ordinate Bench of this Court as well as this Court, I am inclined to grant regular bail to the petitioner.

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Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, in connection with Koilwar P.S. Case No. 141 of 2021.

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(Anil Kumar Sinha, J)

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S.Ali/- U T

Md. Chand v. The State of Bihar

Case brief

What is this about?

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Md. Chand v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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