Shivam Kumar @ Shiva v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18857 of 2020 Arising Out of PS. Case No.-628 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SHIVAM KUMAR @ SHIVA Son of Ashok Rai @ Ashok Kumar Roy Resident of Village - Rajaura Gospur, P.S. - Muffasil, District - Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aditya Nath Pandey For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 25(1-B)(A)/26(2) of the Arms Act.

Allegation is that one country made pistol along with three live cartridges are recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.11.2019. Charge sheet has been submitted in the case. There is no allegation of tampering

Patna High Court CR. MISC. No.18857 of 2020(2) dt.10-06-2020 2/2 of witnesses alleged against the petitioner. Petitioner has falsely been implicated in the present case. One country made pistol along with three live cartridges are said to have been recovered. There is no compliance of Section 100 of Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of C.J.M., Begusarai in connection with Muffasil P.S. case No.628 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T