Bittu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19850 of 2021 Arising Out of PS. Case No.-303 Year-2020 Thana- CHIRAIYA District- East Champaran ====================================================== BITTU KUMAR SINGH, S/o Rameshwar Singh, R/o village- Harihara, P.S.- Shikarganj, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402, 413, 414 of the Indian Penal Code, Sections 25 (1-b)a, 26 and 35 of the Arms Act and Sections 20 & 22 of the N.D.P.S. Act. Allegation against the petitioner alongwith other accused persons is said to have assembled with eleven motorcycles and they were making plan to commit loot. From the possession of accused persons loaded country made pistol with cartridges, two packets Charas, Tab and mobile phones etc.

Patna High Court CR. MISC. No.19850 of 2021(2) dt.27-08-2021 2/2 were recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the police had recovered one country made pistol with one live cartridge and Tab from the possession of the petitioner. The petitioner is languishing in judicial custody since 18.11.2020. The petitioner has got 02 criminal antecedents which is mentioned in para 3 of the bail petition. The similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court.

Learned APP for the State vehemently opposed the prayer for bail application.

Considering the custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with N.D.P.S. Case No.64/2020 arising out of Chiraiya P.S. Case No. 303/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T