Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 1457 of 2020 Arising Out of PS. Case No.-12 Year-2019 Thana- AGIAON BAZAR District- Bhojpur ====================================================== Anil Singh 32 years (Male) Son of Late Bali Ram Singh Resident of Village - Katariya, P.S.- Agaion Bazar, Distt - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

26-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Agiaon Bazar P.S. Case No. 12 of 2019 registered for the offence under Section 120(B)/34 of the Indian Penal Code and Sections 25(1b)/26/35 of the Arms Act. In this case, the informant, on secret information, reached village Koshiwarwa and arrested one Sudarshan Kumar, who disclosed that one Binay Yadav, who is in jail, had asked him on mobile to take out two pistols with cartridge, which has been kept in his house and to pass it on to Anil Singh (petitioner), who is to further pass it on to Narayan Tiwari, who has been instructed to kill one Beer Bahadur. It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case. Petitioner's name has come only on confession of co-accused Sudarshan Kumar and

Patna High Court CR. MISC. No.1457 of 2020(2) dt.26-02-2020 2/2 save & except this, there is nothing against the petitioner. It is further submitted that recovery of pistols with cartridge has been made from the house of Binay Yadav. No incriminating article has been recovered from the possession of petitioner. Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-8, District Bhojpur in connection with Agiaon Bazar P.S. Case No. 12 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T