Sonu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24844 of 2023 Arising Out of PS. Case No.-341 Year-2022 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Sonu Singh, S/o Late Ramji Singh, Resident of Karhasi P.S. Natwar, District Rohtas.
... ... Petitioner/S
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vishwajeet Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
2. Let the defect(s), if any, be removed within a period of four weeks from today.
3. The petitioner seeks bail in connection with Durgawati P.S. Case No. 341 of 2022 registered for the offence under Sections 25(1)(d). 25(1-b)A, 26, 29, 35 of the Arms Act.
4. The accused/petitioner is named in the F.I.R. and is in custody since 18.11.2022.
5. The allegation against the petitioner is to have in possession of 2200 live cartridges alongwith other co-accused persons while travelling in Alto Car bearing Registration No. BR-24K-7306.
6. Learned counsel appearing on behalf of the petitioner submitted that fact of this case sufficient to suggest
Patna High Court CR. MISC. No.24844 of 2023(3) dt.27-07-2023 2/3 that alleged recovery of live cartridges not appears to be made from the conscious physical possession of this petitioner as alleged Alto Car was occupied by four persons. It is submitted that by taking note of said fact, learned co-ordinate Bench of this Court granted bail to several co-accused persons through Cr. Misc. No. 8115 of 2023 dated 29.04.2023, petitioner also stands on same footing. While concluding the argument, it is submitted that petitioner found involved in one more criminal case, and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
7. Learned APP, opposes the prayer of bail.
8. Considering the facts and circumstances as mentioned above as alleged live cartridges not appears to be recovered from conscious physical possession of this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 18.11.2022, accordingly, petitioner above named, is directed to be released on bail in connection with Durgawati P.S. Case No. 341 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Kaimur, Bhabhua/concerned Court, subject to
Patna High Court CR. MISC. No.24844 of 2023(3) dt.27-07-2023 3/3 the conditions as mentioned under Section 437(3) of the Cr.P.C., with further conditions:- (i) That the petitioner shall not involve in similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be deponent of the present bail petition.
(Chandra Shekhar Jha, J) veena/- U T