Komal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7621 of 2019 Arising Out of PS. Case No.-11 Year-2018 Thana- SAMHO District- Begusarai ====================================================== Komal Singh, Son of Late Basuki Singh, resident of village - Purani Dih, P.S - Sambho, District-Begusarai.
... ... Petitioner
Versus
The State of Bihar, ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Sumiran Rai For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Shamho P.S. Case no. 11 of 2018, registered under Section 25(1-b)a, 26 and 35 of the Arms Act.
The accusation is that in course of raid at the house of petitioner Komal Singh, Anil Singh and Shaligram Singh in connection with Shambo P.S. Case No. 10 of 2018 while they were succeeded to flee, but on search in the wheat straw house one big country made pistol loaded with one live cartridge was recovered.
Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the alleged loaded country made pistol has not recovered from the
Patna High Court CR. MISC. No.7621 of 2019(3) dt.03-05-2019 2/2 residential house of the petitioner, rather, the same has been recovered from straw house, which is accessible to anyone. Further submission is that petitioner has falsely been implicated in this case at the instance of informant of Shambho P.S. Case No. 10 of 2018. Moreover, co-accused Anil Singh has already been granted privilege of pre-arrest bail by co-ordinate Bench of this Court on 03.01.2019 vide Criminal Miscellaneous No. 66767 of 2018.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Begusarai in connection with Shamho P.S. Case No. 11 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T