Harendra Singh @ Harendar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10420 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -DARBHANGA SADAR DistrictDARBHANGA ======================================================
1. HARENDRA SINGH @ HARENDAR SINGH S/o Prabhunath Singh village - Shubhankarpur Ternawa, P.S. - Siswan, District - Siwan. .... .... Petitioner
Versus
1. The State of Bihar. .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.9255 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -DARBHANGA SADAR DistrictDARBHANGA ======================================================
1. Santosh Kumar Singh Son of Ram Lochan Singh, Resident of Village - Maksudpur, P.S. - Amnaur, District - Saran. .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.10420 of 2016) For the Petitioner/s : Mr. Bishwajeet Singh For the Opposite Party/s : Mr. Renu Kumari(App) (In Cr.Misc. No.9255 of 2016) For the Petitioner/s : Mr. Saket Tiwary For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-04-2016 Above noted both the applications have arisen out of one occurrence i.e. Sadar (Mabbi) P.S. Case No. 43 of 2016 registered for the offences punishable under Sections 420, 467, 468, 120B/24 of the Indian Penal Code and Sections 25(1-b)a, 26, 30 and 35 of the Arms Act and as such they have been heard together and are being disposed of by this common order. Allegedly, security guard Munna Singh was apprehended and he disclosed that he has purchased his arms from
petitioner Santosh Kumar Singh and when Santosh Kumar Singh was interrogated then he accepted his guilt stating that license was got prepared after taking Rs. 8000/- from Munna Singh and out of that Rs. 4,000/- was kept by him and Rs. 4,000/- was given to the petitioner Harendra Singh and then the petitioner Harendra Singh was also interrogated and he also confessed his guilt that the arms and license were obtained from Dimapur, Nagaland, Udhampur, Jammu & Kashmir and further two arms and ten cartridges were recovered from the guard room of Tata Motors Motihari. Submission is of false implication and that the petitioners have been made victim of circumstances, they have been detained by the Police illegally and without any fault they are suffering in custody since 24.1.2016 though they were apprehended on 20.01.2016.
Learned APP seriously opposes the prayer of bail by submitting that both the petitioners are the members of a gang and were involved in obtaining fake license of arms from other State and further licenses have been found forged.
In the facts and circumstances stated above, at present, this Court is not inclined to enlarge the petitioners on bail, accordingly, their such prayer stands rejected. However, let the trial be expedited and concluded
within six months, failing which the petitioners may be at liberty to renew their prayer of bail.
(Jitendra Mohan Sharma, J) avin/- U T