Ankit Sinha @ Shera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14218 of 2021 Arising Out of PS. Case No.-279 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== ANKIT SINHA @ SHERA Son of Late Sunil Kumar Sinha Resident of Yamuna Market, Naya Tola, P.S.- Kadamkuan, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinkar Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks bail in Kadamkuan P.S. Case No. 279 of 2020, registered for the offences punishable under Sections 25(1-b)a, 26/27/35 of the Arms Act.

As per the prosecution case, a secret information was received that a birthday party is being celebrated on the terrace of the building of the petitioner and firing is being made. On this information, a raid was conducted and 8 empty cartridges were recovered from the terrace of the said building of the petitioner. This petitioner along with other co-accused persons were arrested and upon search, one mobile phone and one DVR CP Plus have been recovered.

It is submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.14218 of 2021(2) dt.26-03-2021 2/3 petitioner has been made accused in this case merely on suspicion. It is further submitted that recovery of arms and ammunition have not been made from the conscious possession of the petitioner. Chargesheet has already been submitted in this case. Petitioner is in custody since 03.07.2020. Considering the fact that no arms and ammunition have been recovered from the possession of the petitioner and also taking into consideration the period of custody, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned A.C.J.M. XII, Patna, in connection with Kadamkuan P.S. Case No.

279/2020, subject to following conditions:- (1)Petitioner shall co-operate 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 on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to

Patna High Court CR. MISC. No.14218 of 2021(2) dt.26-03-2021 3/3 move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T