Arbind Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13928 of 2022 Arising Out of PS. Case No.-106 Year-2021 Thana- PURAINI District- Madhepura ====================================================== ARBIND SINGH S/o- Jay Prakash Singh @ Jai Prakash Singh R/o VillagePuraini,Ward No. -02, P.S.- Puraini, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Puraini P.S. Case No. 106 of 2021 for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. As per the allegation made in the F.I.R., one country made loaded pistol and a live cartridge were recovered from the possession of the petitioner. Petitioner was apprehended on the spot along with other co-accused named in the F.I.R. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been

Patna High Court CR. MISC. No.13928 of 2022(2) dt.14-06-2022 2/3 implicated in this case. Nothing has been recovered from conscious possession of the petitioner. Petitioner has clean antecedent and is in custody since 13.07.2021. Similarly situated co-accused Indradeo Kumar has already been granted bail by the court below.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the nature of allegation made in the F.I.R. and period of custody already undergone by the petitioner, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJMII, Udakishunganj, Madhepura in connection with Puraini P.S. Case No. 106 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.13928 of 2022(2) dt.14-06-2022 3/3 to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) mantreshwar/- U T