Ravi Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7740 of 2020 Arising Out of PS. Case No.-155 Year-2019 Thana- BIHPUR District- Bhagalpur ====================================================== Ravi Singh, Son of Shiv Singh, Resident of Village - Harnath Chak, P.S.- Gopalpur, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :
Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-06-2020 The matter has been taken up through virtual Court proceeding.
Heard Mr. Ranjan Kumar Jha, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned APP for the State.
The present application has been preferred on behalf of the petitioner for grant of bail, languishing in custody since 26.10.2019, in connection with a case registered for the offences punishable under Sections 25(1-B)a/26/35 of the Arms Act.
The prosecution case, as per the self statement of S.I., Pankaj Kumar, SHO, Jhandapur O.P., Naugachia, is to the effect that on 23.05.2019 at 10.00 P.M., during night patrolling, the informant received information that near Bagari over bridge three persons on a motorcycle are preparing to commit some
Patna High Court CR. MISC. No.7740 of 2020(3) dt.01-06-2020 2/3 offence. Consequently, raid was laid and one person was apprehended, from whose possession, one country made pistol and four live cartridges were recovered. The apprehended person disclosed the name of the persons who escaped from the scene as Ravi Singh, the petitioner and co-accused Vikash Singh.
It is submitted by learned counsel for the petitioner that there is no recovery from the possession of the petitioner and investigation has already been concluded. The petitioner is languishing in custody since 26.10.2019. The petitioner is accused in two other cases but he is bail in those cases. Learned APP, however, submits that though there is no recovery from the petitioner but he is accused in two other cases from before.
Considering the fact that there is no recovery from the possession of the petitioner and investigation being concluded, let the petitioner above named be released on bail for the present provisionally for a period of three months on furnishing one surety to the satisfaction of the learned Additional Chief Judicial Magistrate-Ist, Naugachia, District - Bhagalpur in connection with Bihpur (Jhandapur O.P.) P.S. Case No. 155 of 2019.
Patna High Court CR. MISC. No.7740 of 2020(3) dt.01-06-2020 3/3 However, in view of the present pandemic COVID-19, it will be open for the learned Court below to accept the bail bond upon furnishing an undertaking by the surety, on photo copy of his Aadhar Card, to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-mode.
The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties, including one surety given at the time of provisional bail, of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Ist, Naugachia, District - Bhagalpur in connection with Bihpur (Jhandapur O.P.) P.S. Case No. 155 of 2019.
The learned Court below is at liberty to further extend the period of provisional bail if the lockdown is not over in next three months.
(Dinesh Kumar Singh, J) DKS/- U T