Annu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25122 of 2021 Arising Out of PS. Case No.-116 Year-2020 Thana- NARAINPUR District- Bhojpur ====================================================== ANNU DEVI W/O RAJ KUMAR R/O KAMARIYA P.S. AJIMABAD DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Prerna Rishi, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has 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 allegations in the F.I.R., on a raid being conducted, an accused namely Anuj Kumar Singh was arrested and the arms and ammunitions as described in the F.I.R. was recovered from him. It is further stated that on enquiry, he disclosed that he was going to give delivery of the arms and ammunitions to the petitioner and her husband. It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. She has been falsely implicated in the case. From the

Patna High Court CR. MISC. No.25122 of 2021(2) dt.11-08-2021 2/2 F.I.R. itself, it would be evident that no incriminating article has been recovered from her possession. The only material against her is the confessional statement of a co-accused made before police. She is in custody since 15.12.2020 along with her 3 year old daughter and the investigation in the case has concluded. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for over 7 months, the Court directs the petitioner to be enlarged on bail in connection with Narayanpur P.S. Case no.116 of 2020 on 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 VI, Bhojpur at Ara. (Partha Sarthy, J) Saurabh/- U T