Chandan Pasi @ Chandan Chaudhary v. The State of Bihar
CR. MISC./90204/2024 · 2025-04-09
Arun Kumar Jha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 91325 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 91325 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90204 of 2024 Arising Out of PS. Case No.-197 Year-2024 Thana- GORIAKOTHI District- Siwan ====================================================== Chandan Pasi @ Chandan Chaudhary S/O Late Hajari Chaudhary Resident of Village- Ladhi Bazar, P.S.- Goreakothi District- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ramchandra Sahni, Advocate For the Opposite Party/s : Mrs.Sucheta Yadav, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 3 09-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Goreakothi P.S. Case No. 197 of 2024 registered for the alleged offences under Sections 25(1-B)a/26/35 of the Arms Act.
3. As per prosecution case, police apprehended co- accused Kamlesh Sahni, an accused of Goreakothi P.S. Case No. 196 of 2024 on a tip off. This co-accused disclosed that the petitioner gave 2 pistols and 8 cartridges to him another co- accused Suraj Kumar for killing one Deepak @ Butan. At the instance of co-accused Kamlesh Sah, recovery of one country made pistol, magazine and four live cartridges were made.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.90204 of 2024(3) dt.09-04-2025 2/3 case. No occurrence as alleged has ever taken place. The recovery of country made pistol and cartridges were made from bushes and not from the possession of this petitioner. The petitioner’s name came up in confessional statement of co- accused that he supplied 2 pistols and 8 cartridges to the co- accused persons but this allegation is not true. Co-accused Kamlesh Sahni named this petitioner due to enmity. Though the petitioner is accused in 8 cases, most of the cases are lodged under Bihar Prohibition and Excise Act and petitioner is on bail in all 8 cases. The petitioner is in custody since 01.10.2024 and charge sheet has been submitted.
5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner supplied firearms and ammunitions to co-accused persons for killing one Deepak @ Butan and consequently the said person was shot at. Learned APP further submits that the petitioner is having criminal antecedent of 8 cases.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and further considering submission of charge sheet and period of custody of the petitioner, the petitioner above named is directed
Patna High Court CR. MISC. No.90204 of 2024(3) dt.09-04-2025 3/3 to 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 learned Chief Judicial Magistrate, Siwan/concerned Court in connection with Goreakothi P.S. Case No. 197 of 2024, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
DKS/- (Arun Kumar Jha, J) U T