Rajiv Kumar Singh @ Chunnu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12241 of 2019 Arising Out of PS. Case No.-357 Year-18 Thana- MUNGER MUFFASIL District- Munger ====================================================== Rajiv Kumar Singh @ Chunnu Singh Son of Mithilesh Prasad Singh Resident of Village/ Mohalla- Tetar, P.S.- Atri, District - Gaya, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Mufassil PS case no. 357 of 2018 registered for the offence punishable under Sections 121, 379, 414, 120B/34 of Indian Penal Code and 25(1-A), 25(1-AA), 25(1-B)A, 26, 35 of Arms Act and Section 39 of U.A.P. Act.

The allegation is regarding the informant, who is the Circle Inspector, Mufassil Circle, Munger having went to the jail for recording the statement and re-confessional statement of accused namely Amna Khatoon who disclosed that her co-villager Manjar Alam and his wife used to live a lavish life resulting in several persons having been allured to the business of smuggling of arms. The petitioner is said to have been

Patna High Court CR. MISC. No.12241 of 2019(2) dt.27-02-2019 2/2 implicated in the present case on account of confessional statement of under trial prisoner and on the allegation that the petitioner is also engaged in the business of illicit arms. The learned counsel for the petitioner submits that no offence under the provisions of Arms Act is made out, inasmuch as no illicit arm has been recovered from the possession of the petitioner and he has been falsely implicated in the present case. It is further submitted that although the petitioner is an accused in three other cases but he is on bail in all the said three cases. The petitioner is said to be languishing in custody since 17.10.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Munger in connection with Mufassil PS case no. 357 of 2018. (Mohit Kumar Shah, J) rinkee/- U T