Shubham Kumar Singh @ Simpal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29533 of 2023 Arising Out of PS. Case No.-717 Year-2022 Thana- BANKA District- Banka ====================================================== SHUBHAM KUMAR SINGH @ SIMPAL SINGH Son of Manoj Kumar Singh R/V- Kakwara, PS- Banka Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2023 Heard learned counsel appearing on behalf of the parties.

The petitioner seeks bail in connection with Banka P.S. Case No.717 of 2022 registered for the offence under Sections 25(1-b)a and 26 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 13.11.2022.

The allegation against the petitioner is to have in possession of one loaded country made pistol along with one live cartridge.

Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of firearms not appears to be made from the conscious possession of this petitioner and same is apparent from seizure list itself. It is submitted that petitioner found involved in 05 more criminal cases, where, he is on bail

Patna High Court CR. MISC. No.29533 of 2023(3) dt.03-07-2023 2/3 in 03 cases and out of suspicion arises out of those criminal antecedents, petitioner falsely implicated with present case, without having any cogent material/evidence. While concluding the argument, it is submitted that investigation of this case is completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and by taking note of nature of accusation coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 13.11.2022, let the petitioner, above named, is directed to be released on bail in connection with Banka P.S. Case No.717 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 Chief Judicial Magistrate, Banka/successor court, Bank/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T

Patna High Court CR. MISC. No.29533 of 2023(3) dt.03-07-2023 3/3