Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26189 of 2016 Arising Out of PS.Case No. -64 Year- 2016 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ======================================================

1. Angad Shukla son of Late Rabindra Shukla, resident of village Gachhie P.S. Karakat District Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.24137 of 2016 Arising Out of PS.Case No. -64 Year- 2016 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ======================================================

1. Amit Kumar Singh son of Late Birendra Prasad, resident of villageShivpur, P.s.- Bikramganj, District- Rohtas .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.26189 of 2016) For the Petitioner/s : Mr. Sunil Kumar Pathak For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey (In Cr.Misc. No.24137 of 2016) For the Petitioner/s : Mr. Sunil Kumar Pathak For the Opposite Party/s : Mr. A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-08-2016 Heard learned counsel for the petitioners and the State. The petitioners are in custody in a case registered under Section 414 of the Indian Penal Code and 25(1-B)a, 26, 35 of Arms Act and 3 / 4 Explosive Act.

The allegation against the petitioners is that they were traveling in a Scorpio and after search the informant, S.H.O.,Bikramganj, recovered huge number of illegal arms like country made pistol, rifle, gun ,live cartridges and grenade.

Patna High Court Cr.Misc. No.26189 of 2016 (3) dt.18-08-2016 2/2 It is submitted on behalf of the petitioners that the petitioners are in custody since 22.3.2016. Charge sheet has been submitted in this case. There is no allegation of tampering with the evidence against the petitioners. The petitioners and other coaccused persons, who were traveling together from Scorpio, it is alleged, that approximately five country made pistols, two country made rifles and a gun along with 60 cartridges are said to have been recovered. There is no compliance of Section 100 Cr.P.C. It is further submitted that the petitioners may be released after completion of nine months in custody from 22.3.2016. On behalf of the State, it is submitted that the petitioners are named in the FIR.

Considering the aforesaid facts and circumstances of the case, let, above named petitioners, after completion of nine months in custody from 22.3.2016, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Judge 1st Class-cum-A.C.J.M., Bikramganj Rohtas in connection with Bikramganj P.S.Case No.64 of 2016.

(Sudhir Singh, J) singh/- U T