Arjun Singh @ Deva v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18675 of 2022 Arising Out of PS. Case No.-468 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== ARJUN SINGH @ DEVA S/o Ram Pyare Singh, R/o Purani Naya Tola, P.S.- Nagar, District- Sahebganj (Jharkhand) ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sessions Trial No. 40 of 2022, arising out of Kahalgaon P.S. Case No. 468 of 2021 lodged under Sections 399 and 402 of the Indian Penal Code read with Section 25(1-b)a, 26 and 35 of Arms Act.

As per allegation made in the F.I.R., a raid was conducted in which two persons namely, Santosh Sah and Sunny Kumar arrested with loaded arms and cartridges and two persons fled away. Upon query from the arrested persons, they have disclosed the name of accused Deva Singh @ Arjun Singh (present petitioner) and Kundan Saw.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.18675 of 2022(2) dt.07-07-2022 2/3 petitioner was not arrested at the spot and nothing has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that petitioner's name has figured in this case on the confessional statement of co-accused Santosh Sah and Sunny Kumar. Learned counsel for the petitioner further submits that there are nine criminal cases pending against the present petitioner. It has further been submitted that in seven cases he is on bail and in rest two cases, he is in custody. It has been submitted that after submission of charge sheet, charge has also been framed in this case. The petitioner is ready to file any undertaking before the court.

Learned A.P.P. has opposed the prayer for bail. In the present facts and circumstances that name of present petitioner has figured in this case by the confessional statement of co-accused and nothing has been recovered from his possession, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge-V, Bhagalpur in connection with Sessions Trial No. 40 of 2022, arising out of Kahalgaon P.S. Case No. 468 of 2021, subject to the conditions

Patna High Court CR. MISC. No.18675 of 2022(2) dt.07-07-2022 3/3 as laid down under Section 437(3) of the Code of Criminal Procedure.

The petitioner is directed to appear on each and every date before the Trial Court, in case of non-appearance for two consecutive dates, shall resulted into cancellation of his bail bond. If he shall involve in such type of activities again, the prosecution shall be at liberty to move for cancellation of his bail bond.

Accordingly, the bail application stands allowed. (Dr. Anshuman, J.) ravishankar/- U T