Jitu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3854 of 2018 Arising Out of PS. Case No.-48 Year-2017 Thana- JAMHORA District- Aurangabad ====================================================== Jitu Singh, Son of Late Ram Pravesh Singh, resident of Village + P.S.- Jamhore, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Mr. Parmendra Kumar Singh For the Opposite Party/s :

Mr. Pancha Nand Pandit ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 13.05.2017 in connection with Jamhore P.S. Case No. 48/2017 for offences punishable under Sections 25(1-b)a, 26 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that the petitioner was an absconder in Jamhore P.S. Case No. 29/17 and on information that the petitioner was seen in his house, the police raided the place. The petitioner tried to flee away, but was apprehended and from his possession one country-made pistol with two live cartridges and a motorcycle without any proper documents were seized. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.3854 of 2018(3) dt.19-02-2018 2/3 petitioner that he is innocent and just because he has a criminal antecedent, he has been made accused in the present case. He submits that charge-sheet has already been submitted and the provisions of Section 100 Cr.P.C. has not been followed as the seizure-list has not been signed by independent witnesses. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is a habitual offender and as many as 17 cases have been lodged against him, although, in some cases he has been acquitted. Considering the facts and circumstances and the materials on record as well as the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.

10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Jamhore P.S. Case No. 48/2017, subject to the following conditions : (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear

Patna High Court Cr.Misc. No.3854 of 2018(3) dt.19-02-2018 3/3 on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(iii) The petitioner will appear before the concerned police station in the first week of every month and will be discharged only on certificate of good conduct by the Officer-in-Charge of the said police station. Failure will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T