Viveka Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13367 of 2019 Arising Out of PS. Case No.-247 Year-2018 Thana- DHAMDAHA District- Purnia ====================================================== Viveka Singh, Son of Sri Nago Singh @ Nageshwar Singh, Resident of Village- Kasamra, Ward No.5, P.S.- Dhamdaha, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-03-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 27.10.2018 in a case registered for the offences punishable under Section 25(1-B)a, 26 and 35 of the Arms Act. The prosecution case is that on 03.09.2018 at about 4.15 P.M., the informant received a secret information that the petitioner in drunken state is threatening his brother. Whereupon, a raid was laid and from the house of the petitioner, one loaded pistol from beneath the bed and live cartridges were recovered. Thereafter, another information was received by the informant that co-accused Sarvesh Singh has kept the gun belonging to the petitioner, whereupon, the house of co-accused Sarvesh Singh was also raided and a country made gun was

Patna High Court CR. MISC. No.13367 of 2019(2) dt.07-03-2019 2/2 recovered.

It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family house of the petitioner and he has been roped in the present case only on the basis of suspicion.

Learned APP for the State submits that the petitioner is accused in six other cases.

Considering the fact that investigation has already been concluded, let the above named petitioner be released 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 CJM, Purnea in connection with Dhamdaha P.S. Case No.247 of 2018.

Since the petitioner is having serious criminal antecedent, learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions or gets involved in some serious nature of offence. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T