Abhishek Kumar Singh @ Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9122 of 2024 Arising Out of PS. Case No.-261 Year-2023 Thana- SHAMBHUGANJ District- Banka ====================================================== Abhishek Kumar Singh @ Pandit Son of Manoj Kumar Singh @ Mantun Singh Resident Of Village - Kushaha, P.S. - Shambhuganj, District - Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rounak Kumar Singh Pankaj, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Shambhuganj P.S. Case No. 261 of 2023 instituted for the offences under Sections 399, 402 of the Indian Penal Code and Section 25(1-B)a/26/35 of the Arms Act.
3. As per prosecution case, the police, on receipt of secret information, reached at the place of occurrence and made search of the house of Fulendra Singh and saw that eight persons including the petitioner were sitting on the ground. On seeing the police, they tried to flee but, they were caught. On search, one country made pistol with six
Patna High Court CR. MISC. No.9122 of 2024(2) dt.20-02-2024 2/3 live cartridges of 7.65 mm were recovered. Other articles were also recovered as mentioned in the seizure list from other co-accused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to land dispute. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has five criminal antecedents and in all of them, he is on bail. The allegation made against the petitioner is general and omnibus. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 23.09.2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail after framing of charge, if the charge is not already framed, on furnishing bail bonds of Rs.10,000/- (Ten
Patna High Court CR. MISC. No.9122 of 2024(2) dt.20-02-2024 3/3 thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shambhuganj P.S. Case No. 261 of 2023.
(Rudra Prakash Mishra, J) rishi/- U T