Suman Kumar Singh @ Malkhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6767 of 2019 Arising Out of PS. Case No.-170 Year-2018 Thana- ANDHRAMATH District- Madhubani ====================================================== SUMAN KUMAR SINGH @ MALKHAN SINGH, son of Tapeshwar Singh, resident of village- Neur, P.S.- Andhramath, District- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nilesh Kumar, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 06-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Andhramath P.S. Case No.170 of 2018 instituted for the offence under Section(s) 25(1b)a, 26 of the Arms Act. Counsel for the petitioner submits that earlier Andharmath P.S. Case No.169 of 2018 was registered in which there is no mention of recovery of any firearm from possession of the petitioner.

In the written report, it is alleged that police arrested this petitioner, who was accused in that case, and on query about earlier case and the arms used in that case, this petitioner has disclosed about pistol and one live cartridges kept in his house. Thereafter, police recovered those articles.

It is submitted that instant case has been registered

Patna High Court Cr.Misc. No.6767 of 2019(2) dt.06-02-2019 2/2 vide Andhramath P.S. Case No.170 of 2018 dated 24.10.2018 for the alleged offence under Section(s) 25(1-b)a, 26 of the Arms Act. The present informant lodged Andharmath P.S. Case No.169 of 2018 on 23.10.2018 stating that he learnt confidentially that in village Vikramsher on the eve of Durga Puja, two persons, namely, this petitioner and Rahul Kumar had made some firing in which no one was injured. Counsel for the petitioner submits that police on suspicion has arrested this petitioner and after recording his statement has shown the aforesaid arm to be recovered from his house in this case. There is no mention of any description of firearm, which was used in the aforesaid occurrence.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Jhanjharpur, in connection with Andhramath P.S. Case No.170 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T