Vijoy Singh @ Fantush Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25983 of 2015 Arising Out of PS.Case No. -65 Year- 2015 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Vijoy Singh @ Fantush Singh S/o Shri Laliteshwar Prasad Singh, resident of village- Kanuiniya, P.S.- Adapur, District- East Champaran at Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Asha Devi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Section 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

Allegation against the petitioner is that illegal arms and ammunitions were kept in his house.

It has been submitted on behalf of the petitioner that as per the prosecution case the informant had raided the house of the petitioner on information that there is illegal arms in the house of the petitioner but there is no recovery of any arms from the house of the petitioner. In fact, there was another person at the house of the petitioner from whose possession one country made pistol is said to have been recovered. It is further submitted that petitioner has been falsely implicated in the present case and there is no recovery of any arms from his conscious possession or from the house of the petitioner.

On behalf of the State, it is submitted that the petitioner is

Patna High Court Cr.Misc. No.25983 of 2015 (3) dt.22-09-2015 2 / 2 named in the F.I.R.

Considering the aforesaid facts, let the above named petitioner, in the event of arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Motihari, in Adapur P.S. Case no. 65 of 2015/G.R. no. 344 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) sudip/- U T