Allowed¶20

Pramod Chauhan v. The State of Bihar

Bail granted – Arms Act case (Sections 25(1-B)a, 26 & 35)

Patna HC20 Mar 2024CR. MISC./13780/2024

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What is this about?

Pramod Chauhan v. State of Bihar, Patna High Court, CR. MISC. No.13780 of 2024, decided 20-03-2024 by Justice Rudra Prakash Mishra. Regular bail in Arms Act case (Ss. 25(1-B)a, 26, 35) arising out of Nimchak Bathani P.S. Case No. 197 of 2023, District Gaya; alleged recovery of country-made pistol and two live cartridges; custody since 02-11-2023; bail granted on Rs. 10,000/- bonds with two like sureties. Keywords: bail, Arms Act, recovery of pistol, cartridges, Section 100 Cr.P.C. argument, clean antecedents.

What did the court decide?

Petitioner released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Nimchak Bathani P.S. Case No. 197 of 2023. ¶20

Pramod Chauhan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13780 of 2024

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Arising Out of PS. Case No.-197 Year-2023 Thana- NIMCHAKBATHANI District- Gaya

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Pramod Chauhan S/O Krishan Chauhan @ Krishna Chauhan R/O VillageGanpat Nagar (Simraur), P.S.- Nimchak Bathani, District- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Durgesh Nandan, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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3 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

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2. The petitioner seeks bail in connection with Nimchak Bathani P.S. Case No. 197 of 2023 instituted for the offence under Sections 25(1-B)a, 26 & 35 of the Arms Act.

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3. As per the prosecution case, there is recovery of one country made pistol and two live cartridges from the possession of the petitioner.

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4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02-11-2023. Petitioner is a man of clean antecedent.

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5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present

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Patna High Court CR. MISC. No.13780 of 2024(3) dt.20-03-2024 2/2

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case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged recovery. It is lastly submitted that there is no compliance of Section 100 of the Cr.P.C.

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6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

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8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nimchak Bathani P.S. Case No. 197 of 2023.

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(Rudra Prakash Mishra, J)

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Raj kishore/- U T

Pramod Chauhan v. The State of Bihar

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Pramod Chauhan v. The State of Bihar

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