Patna High CourtCR. MISC./23766/2020bail granted

Amod Singh v. The State Of Bihar

2020-09-16Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23766 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- DARAUNDA District- Siwan ====================================================== AMOD SINGH Son of Arwal Singh Resident of Village- Karsaut Kangali Chapra, P.S.- Daraunda, Distt- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-09-2020 Heard Mr. Ajay Kumar Tiwari, learned counsel for the petitioner and Mr. Anil Kumar, Additional Public Prosecutor for the state through video conferencing.

2. Learned counsel for the petitioner is permitted to make necessary corrections in para-1 of the instant petition and further to remove the defect pertaining to impugned order within four weeks after physical functioning of the Court starts.

3. Petitioner seeks regular bail in connection with Daraunda PS Case No. 121/2020 registered for the offence punishable under Sections 25(1-b) a, 26 of the Arms Act.

4. The allegation against the petitioner as per First Information Report is that the police recovered a country made loaded pistol form the left waist of the petitioner and one live cartridge from his right pocket.

5. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to oblique motive. Learned counsel for the petitioner further submits that petitioner has got no criminal antecedent and the procedure prescribed under Section 100 CrPC has not been followed by the

Patna High Court CR. MISC. No.23766 of 2020(2) dt.16-09-2020 2/2 police at the time of seizure. Learned counsel also submits that petitioner is in custody since 10.01.2020.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedent and is under custody since 10.01.2020, I am inclined to grant regular bail to the petitioner subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

7. Accordingly, let the petitioner, AMOD SINGH be released on bail, if he is not required in any other case, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Siwan in connection with Daraunda PS Case No. 121/2020.

8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

perwez (Anil Kumar Sinha, J) U T