Uma Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26927 of 2016 Arising Out of PS.Case No. -300 Year- 2016 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Uma Shankar Singh son of Late Chirkut Singh resident of Village : Akhlashpur, P.S. : Bhabhua, District : Kaimur at Bhabua. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-09-2016 Heard both sides.

The petitioner apprehends his arrest in Bhabhua P.S. case No. 300/2016 under Section 25(1-B)a, 26 of the Arms Act, Section 123 of Representation of People Act and under Section 47(a), 54 and 63 of Bihar Excise (Amendment) Act, 2016. The police raided the brick kiln of the petitioner and from a room, where the manager of the brick kiln was sleeping, recovered one country made rifle, one bottle of foreign liquor of Mc Dowel company and one pouch containing 200 ml. of country made liquor besides 34 pieces of pressure cookers. It is submitted that nothing has been recovered from the possession of the petitioner. The petitioner is owner of the brick kiln and the room was allotted to manager of the brick kiln.

Patna High Court Cr.Misc. No.26927 of 2016 (4) dt.01-09-2016 2/2 There is nothing on record to show that petitioner had kept the fire arm and liquor in the room of the brick kiln. The brother of the petitioner was apprehended and he has already been granted regular bail.

Considering the fact that petitioner is owner of the brick kiln and from the room of the manager of the brick kiln one country made rifle and small quantity of liquor were recovered, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged 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 Chief Judicial Magistrate, Kaimur at Bhabua in Bhabhua P.S. Case No. 300 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T