Sudhir Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10713 of 2020 Arising Out of PS. Case No.-287 Year-2019 Thana- BUXAR MUFFSIL District- Buxar ====================================================== SUDHIR KUMAR SINGH Son of Sri Santosh Singh @ Santosh Kumar Singh Resident of Village - Chakrahasi, P.S.- Buxar Muffasil, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvadeo Singh, Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-10-2020 Heard Mr. Sarvadeo Singh, learned counsel for the petitioner and Mr. Uday Chand Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Buxar Muffasil P.S. Case No. 287 of 2019 registered for the offence punishable under Section 25(1-b)A and 26 of the Arms Act. This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner has been rejected by a co-ordinate Bench of this Court by an order dated 18.12.2019 passed in Cr. Misc. 69308 of 2019 with liberty to renew his prayer for grant of regular bail after six months.

The allegation against the petitioner as per the First

Patna High Court CR. MISC. No.10713 of 2020(3) dt.19-10-2020 2/3 Information Report is that one country made pistol loaded with one live cartridge has been recovered from a bag containing Khalli (oil cake) being kept in the shop of the petitioner. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has got no criminal antecedent. Learned counsel further submits that the petitioner has falsely been implicated in this case with oblique motive. Learned counsel also submits that the petitioner is in custody since 22.09.2019 i.e. for about more than one year.

Having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the petitioner has remained in custody since 22.09.2019 having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Buxar Muffasil P.S. Case No. 287 of 2019. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding

Patna High Court CR. MISC. No.10713 of 2020(3) dt.19-10-2020 3/3 lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T