Heera Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7051 of 2019 Arising Out of PS. Case No.-134 Year-2018 Thana- MATIHANI District- Begusarai ====================================================== Heera Singh, Son of late Shiv Shankar Singh, R/o village- Chhitaraur, P.SMatihani, District Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 14.10.2018 in a case registered for the offences punishable under Sections 25(1-B)a and 26 of the Arms Act and under Section 37(C) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the self statement of S.I., Dhirendra Kumar Pathak, dated 13.10.2018 at 01.30 P.M., is to the effect that a secret informant was received that a person in intoxicated condition and armed is planning to commit some offence, whereupon a raid was laid and the petitioner, Heera Singh was apprehended at Gupta Bandh. From the possession of

Patna High Court Cr.Misc. No.7051 of 2019(2) dt.07-02-2019 2/2 the petitioner, one country made pistol loaded with magazine and three cartridges were recovered.

It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the petitioner has been roped in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by the learned APP for the State that the recovery has been made from the possession of the petitioner. Considering the fact that the investigation has already been concluded, period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions JudgeII, Begusarai-cum-Special Judge, in connection with Matihani P.S. Case No.134 of 2018.

(Dinesh Kumar Singh, J) Deepak/- U T