Deepak Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.32384 of 2016 (3) dt.17-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32384 of 2016 Arising Out of PS.Case No. -204 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Deepak Kumar Singh Son of Mahesh Prasad Singh, Resident of villageKeshabe, P.S.- Barauni (Refinery O.P.), District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 414 of the I.P.C. as well as Sections 25(1b)a, 26, 35 of the Arms Act and Sections 54(C), 54 of the Bihar Excise Act.

The prosecution case, in short, is that on secret information that in Purani Kalali Power House Chowk some miscreants hidden, the informant along with other police personnel went there and on seeing the police party the miscreants tried to flee away, but they were arrested and from the possession of accused Niraj Kumar one country made pistol with live cartridges were recovered and from the possession of the petitioner one 180 ML foreign liquor was recovered and from

Patna High Court Cr.Misc. No.32384 of 2016 (3) dt.17-09-2016 possession of Kundan Kumar also one 180 ML foreign liquor was recovered and one motorcycle was also recovered from there. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.4.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. One stolen motorcycle is alleged to have been recovered. The petitioner had no knowledge regarding the said motorcycle being stolen property. As far as offence under Bihar Excise Act is concerned, 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 learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. case No.204 of 2016.

(Sudhir Singh, J) Narendra/- U T