Pampal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21369 of 2020 Arising Out of PS. Case No.-562 Year-2019 Thana- BARH District- Patna ====================================================== PAMPAL SINGH Son of Late Sachidanand Singh Resident of VillageDahaur, P.S.- Barh, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-07-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Barh P.S. Case No. 562 of 2019, registered for the offence punishable under Sections 25(1-b)a and 26 of the Arms Act. The petitioner is in custody since 17.11.2019. Allegedly, from the petitioner's possession, the police recovered a loaded country made pistol.

Learned counsel appearing on behalf of the petitioner has submitted that the seizure is not in conformity with the mandatory provisions under Section 100 of the Code of Criminal Procedure inasmuch as there is no independent witness of the seizure list. He has further submitted that because of petitioner's involvement in some other cases, he has been falsely implicated in the present case.

Be that as it may, considering the fact that the only

Patna High Court CR. MISC. No.21369 of 2020(3) dt.06-07-2020 2/2 allegation against the petitioner is of having been found in possession of country made pistol and he has remained in custody since 19.11.2019, this application is allowed. Let 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 the learned A.C.J.M.-1, Barh, Patna, in connection with Barh P.S. Case No.562 of 2019.

(Chakradhari Sharan Singh, J) Pawan/- U T