Sighal Shankar @ Sidhharth Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5285 of 2024 Arising Out of PS. Case No.-525 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Sighal Shankar @ Sidhharth Shankar S/O- Sri Krishna Kumar Singh @ Krishna Kumar Village- Athri Ps- Runnisaidpur Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P.N. Shahi, Sr. Advocate Mr. Shivam For the Opposite Party/s :

Mr. Jagdhar Prasad For the O.P. No. 2 Mr. Shashank Chandra Mr. Ashutosh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-02-2024 1.

Heard learned Senior counsel for the petitioner and learned A.P.P. for the State along with learned counsel for the O.P. No. 2.

2.

The learned Senior counsel for the petitioner submits that petitioner seeks anticipatory bail in connection with Runnisaidpur P.S. Case No. 525 of 2023 registered for the offences punishable under Sections 341, 323, 504, 506, 379 and 34 of the Indian Penal Code read with Section 27 of the Arms Act. It is further submitted that even presuming what has been alleged is true without admitting in the FIR then there is no allegation of using any prohibited arms by the petitioner.

3.

The learned APP, at this stage, submits that the offences for which the instant FIR has been instituted against the petitioner carries punishment of seven years or less, the said

Patna High Court CR. MISC. No.5285 of 2024(2) dt.27-02-2024 2/3 submission of the learned APP is not disputed by the learned Senior counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the O.P. No. 2, but then learned counsel for the O.P. No. 2 submits that when Section 27 of the Arms Act is read in conjunction with Section 7 of the Arms Act in that event the punishment ranges from 7 years to life imprisonment. The said submission of the learned counsel appearing on behalf of the O.P. No. 2 is rebutted by the learned Senior counsel for the petitioner, it is submitted that the FIR does not even remotely suggest that any prohibited arms were used in the occurrence.

4.

In view of the submission made by the learned APP, the anticipatory bail application is disposed of in terms of the order dated 13-2-2024 passed in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari Vs. the State of Bihar).

5. The petitioner would be at liberty to file a representation before the concerned Superintendent of Police and the Investigating Officer of the case within a period of three weeks from today with a web copy of the order dated 13-2-2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari Vs. The state of Bihar) and the concerned Superintendent of Police shall ensure that the Investigating Officer of the case strictly adheres to the directions contained in the the order dated 13-2-

Patna High Court CR. MISC. No.5285 of 2024(2) dt.27-02-2024 3/3 2024 in Criminal Miscellaneous No. 3536 of 2024 (Naushad Ansari vs. the State of Bihar).

(Satyavrat Verma, J) Rishabh/- U T