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Patna High CourtCR. MISC./2775/2025bail granted

Sanjeev Singh v. The State Of Bihar

2025-04-09Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2775 of 2025 Arising Out of PS. Case No.-123 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Sanjeev Singh Son of Late Surendra Singh Resident of Village- Sekhpura, P.O.- Rajakpur, P.S.- Nowkothi, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr, Adv Mr. Rabish Kumar, Adv For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Nowkothi P.S Case No. 123 of 2021 registered for the offences punishable under Sections 420 467, 468 of the Indian Penal Code and under Sections 25(1-b),a and 26 of the Arms Act.

3. As per allegation in the FIR, there is recovery of one loaded country made pistol in which six live cartridges were found loaded and various other article like several mobile phone, Passbooks, voter card etc.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that several witnesses have been examined but none of

Patna High Court CR. MISC. No.2775 of 2025(3) dt.09-04-2025 2/3 them has supported the prosecution witnesss. He also submits that nothing incriminating article has been recovered from the conscious possession of the petitioner. Petitioner's name has been figured due to enimity with the police officials. He also submits that informant itself has not supported the self statement recorded in the police station. Keeping in view the aforesaid facts, no case is made out against the petitioner as the alleged article was recovered from the garden not from the conscious possession of the petitioner It is also submitted that petitioner is in judicial custody since 29.08.2021 having 13 incident of similar nature.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order dated 19.11.2024 and case diary, it appears that no offence is attracted against the petitioner under section 420, 467 and 468 of the Indian Penal Code whereas only allegation levelled against the petitioner is of Arms Act. Considering all aspects of the matter , period of custody and submissions made on behalf of the learned counsel for the petitioner, let the above named 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

Patna High Court CR. MISC. No.2775 of 2025(3) dt.09-04-2025 3/3 satisfaction of learned Additional Munsif, Beguasarai in connection with Nowkothi P.S Case No. 123 of 2021. (Ramesh Chand Malviya, J) Sunnykr/- U