Bir Bahadur Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11772 of 2022 Arising Out of PS. Case No.-300 Year-2021 Thana- BIKRAMGANJ District- Rohtas ====================================================== BIR BAHADUR SINGH Son of Rajeshwar Singh Resident of VillageDhodhandih, P.S.- surjpura, District- Rohtas at sasaram. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 12807 of 2022 Arising Out of PS. Case No.-300 Year-2021 Thana- BIKRAMGANJ District- Rohtas ====================================================== GUDDU KUMAR Son of Late Balkeshwar Singh Resident of VillageDhodhandih, P.S.- Surajpura, District- Rohtas. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 11772 of 2022) For the Petitioner/s :

Mr. Chhote Lal Mishra, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP (In CRIMINAL MISCELLANEOUS No. 12807 of 2022) For the Petitioner/s :

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

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2022 Heard learned counsel for the petitioners and learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 25(1-b) (a), 26 and 35 of the Arms Act.

As per the prosecution case, the arms and ammunitions as detailed in the FIR were recovered on a raid conducted on the information received in the confessional statement of the petitioners.

Patna High Court CR. MISC. No.11772 of 2022(4) dt.19-12-2022 2/2 It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. No confession as alleged was given by the petitioners nor any incriminating article has been recovered on the basis of the said confession. The petitioners are in custody since 21.9.2021 and 21.10.2021 respectively and charge-sheet has been submitted in the case.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR together with the petitioners having remained in custody for more than 1 year since 21.9.2021 and 21.10.2021 respectively, Court directs the above named two petitioners to be enlarged on bail in connection with Bikramganj P.S. Case no. 300 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Bikramganj (Rohtas).

(Partha Sarthy, J) Prakash/Shiv U