Rahul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43704 of 2014 Arising Out of PS.Case No. -175 Year- 2014 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== Rahul Kumar Singh Son of Shri Bijay Singh Resident of Village at Maricha, P.S.- Baniyapur, in the district of Saran at Chapra. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.44361 of 2014 Arising Out of PS.Case No. -175 Year- 2014 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== Abhishek Kumar @ Abhishek Singh S/o Anil Singh @ Anil Kr. Singh Resident of Village. - Sadanandpur, Sadandpur, P.S. - Balia, Distt. - Begusari.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

(In Cr.Misc. No.43704 of 2014) For the Petitioner/s : Mr. Satyendra Narayan Singh For the Opposite Party/s : Mr. Manoj Kumar (App) (In Cr.Misc. No.44361 of 2014) For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Satyaverat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 04-02-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioners for offence under sections 25(1-B)A, 26(2) and 25 of the Arms Act and the fact that both the petitioners have got no criminal antecedent, this Court keeping in view the recovery of a unlicensed pistol each from both the petitioners, would direct for release of the petitioners, namely, Rahul Kumar Singh and

Patna High Court Cr.Misc. No.43704 of 2014 (3) dt.04-02-2015 Abhishek Kumar @ Abhishek Singh, on bail on or after 17th February, 2015 when they would complete judicial custody of a period of six months on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran (Chapra) in Chapra Muffasil P.S.Case No. 175/2014, subject to the following conditions:

(i) That both the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the bailor shall also state on affidavit that they will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on the date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner,

Patna High Court Cr.Misc. No.43704 of 2014 (3) dt.04-02-2015 their bail will be liable to be cancelled for reasons of misuse.

(iv) That the petitioners will be well represented on each and every date of trial and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) surendra/- U