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Patna High CourtCR. MISC./17952/2022bail granted

Pramanand Singh v. The State Of Bihar

2022-09-23Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17952 of 2022 Arising Out of PS. Case No.-248 Year-2021 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

PARMANAND SINGH Son of Rampyar Singh Resident of Village - Jharia, P.S.- Chainpur, Distt.- Kaimur (Bhabua).

2.

Dular Yadav @ Ram Dular Yadav Son of Badri Yadav Resident of Village - Kamharia, P.S.- Chainpur, Distt.- Kaimur (Bhabua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Prasad, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 25(1-b)a and 26 of the Arms Act.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. The informant alleges that he raided the house of petitioner no. 2 and found one country made gun and thereafter the house of petitioner no. 1 was raided from where also one country made gun was recovered but during the raid the

Patna High Court CR. MISC. No.17952 of 2022(2) dt.23-09-2022 2/3 petitioners were not found present at the house. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that from perusal of the seizure list, it would manifest that the witnesses on the seizure are the police constable when it is alleged that the recovery was made from the house of the petitioners and the FIR does not even remotely disclose that family members of the petitioners refused to sign the seizure list. Learned counsel thus submits that since the seizure list does not bear any signature of the family members of the petitioners which creates suspicion with regard to the veracity of the allegation.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each 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 Chainpur

Patna High Court CR. MISC. No.17952 of 2022(2) dt.23-09-2022 3/3 P.S. Case No. 248 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. further one of the bailors of the petitioners shall be their respective father Rampyar Singh and Badri Yadav respectively.

(Satyavrat Verma, J) Kundan/- U T