Vikash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17770 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- MAIRWAN District- Siwan ====================================================== Vikash Singh (male) aged about 19 years, S/o Murari Singh @ Jagdish Singh, R/o Village - Siswa, P.S. Mairwa, Distt. Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Dr. Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-08-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Mairwa P.S. Case No. 17 of 2020 registered under section 414 of the Indian Penal Code and sections 25(1-B)(a), 26, 27 and 35 of the Arms Act.

As per allegation in the FIR, a video was received on the whatsapp number of the informant wherein some persons could be seen weilding arms and firing. It is stated that an enquiry was conducted and with the assistance of the Chowkidar, the person in the video was identified as one Amir Khan. Raid was conducted, he was caught and incriminating articles were recovered from his possession. It is further stated

Patna High Court CR. MISC. No.17770 of 2020(2) dt.21-08-2020 2/3 that on enquiry he disclosed that it was the petitioner who had provided him with the pistol.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the possession of the petitioner. Except for the name of the petitioner transpiring on the confessional statement of the coaccused made before the police, there is no other material against him. The petitioner has no criminal antecedent. The application for bail is opposed by learned APP for hte State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including there being no recovery of any incriminating article from possession of the petitioner and the petitioner having no criminal antecedent, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Mairwa P.S. Case No. 17 of 2020, he shall 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 A.C.J.M.-VII, Siwan subject to the

Patna High Court CR. MISC. No.17770 of 2020(2) dt.21-08-2020 3/3 condition as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U