Vijay Kumar Singh @ Vijay Kumar @ Vijay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29067 of 2021 Arising Out of PS. Case No.-219 Year-2020 Thana- CHARPOKHARI District- Bhojpur ====================================================== VIJAY KUMAR SINGH @ VIJAY KUMAR @ VIJAY SINGH S/o- Late Dwarika Singh Resident of Village - Morikap, p.S.- Shivsagar, District - Rohtas.
... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shrawan Kumar Singh, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 31-08-2021 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.
Allegation is recovery of one country made pistol from the house of one Dadan Singh where petitioner and two other co-accused were hiding.
It has been submitted on behalf of the petitioner that he in innocent and has been falsely implicated in this case on account of village rivalry and animosity. It has been further submitted that nothing was recovered from the possession of
Patna High Court CR. MISC. No.29067 of 2021(2) dt.31-08-2021 2/3 petitioner rather one country made pistol was recovered from the house of one Dadan Singh but he was not made accused in this case. Petitioner has one criminal antecedent and he has been remanded in this case on 06.01.2021.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Bhojpur at Ara, in connection with Charpokhri P.S. Case No. 219 of 2020, subject to conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
Patna High Court CR. MISC. No.29067 of 2021(2) dt.31-08-2021 3/3
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Rajiv/veenaU T