Jyoti Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16028 of 2022 Arising Out of PS. Case No.-107 Year-2021 Thana- BALIYA District- Begusarai ====================================================== JYOTI SINGH Son of Maharana Pratap Singh Resident of Village - Nagargama, P.s.- Ballia, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 20.04.2021, charge-sheet has been submitted in the case and has antecedent of four cases. Allegation is of recovery of one country-made gun, one magazine, one iron constructed magazine, two pistols along with five live cartridges and eight empty cartridges. Learned counsel for the petitioner submits that the petitioner because of his antecedents has been falsely implicated in the present case, nothing was recovered from his possession

Patna High Court CR. MISC. No.16028 of 2022(2) dt.17-05-2022 2/2 and even presuming what has been alleged is true, without admitting for the purposes of bail, then the thrust of the allegation is under the Arms Act and the petitioner has remained in custody for nearly more than a year.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 20.04.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released 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 court below where the case is pending/successor court in connection with Balia P.S. Case No. 107 of 2021 with a condition that one of the bailors of the petitioner shall be his father, Maharana Pratap Singh. Further, if the learned court below comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner, the court below shall forthwith cancel his bail bonds after recording reasons.

(Satyavrat Verma, J) Rishi/- U T