Sunil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29247 of 2016 Arising Out of PS.Case No. -10 Year- 2016 Thana -CHAUSA District- MADHEPURA ====================================================== Sunil Singh S/o Khantar Singh, Resident of Village- Khoparia, Police Station- Chausa, District- Madhepura.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Smt. Anusuiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 25(1-B)A, 26, 35 of the Arms Act. The prosecution story, in brief, is that on the alleged date and time of occurrence on secret information the informant along with other police personnel came near village Chirauri and saw a vehicle coming and on seeing the police party the persons sitting on the vehicle attempted to flee away but were apprehended, who disclosed their names as Sunil Singh i.e. the petitioner, co-accused Radhe Singh and Radhakant Singh. From the possession of the petitioner two loaded country made pistols and 21 live cartridges were recovered and from the possession of co-accused a country made pistol, eight live cartridges and five
Patna High Court Cr.Misc. No.29247 of 2016 (3) dt.05-09-2016 2/2 empty cartridges were recovered. They did not produce any licence for the same.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.1.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. Two country made pistols along with one cartridge are said to have been recovered from the possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ashok Kumar-II, Judicial Magistrate, First Class, Uda-Kishunganj, Madhepura in connection with Chausa P.S. case No.10 of 2016. (Sudhir Singh, J) Narendra/- U T