Tara Babu Singh @ Tarbabu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21852 of 2020 Arising Out of PS. Case No.-745 Year-2019 Thana- BUXAR District- Buxar ====================================================== Tara Babu Singh @ Tarbabu Singh aged about 58 years Gender - Male, S/o Late Brij Bihari Singh, R/o Koirpurwa Khalasi Mohalla, P.S.- Buxar (Town), District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Verma For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-07-2020 Heard Mr. Sanjay Kumar Verma , learned counsel for the petitioner and Mr. Sanjay Kumar Pandey, learned Additional Public Prosecutor appearing for the State through video conferencing.

Learned counsel for the petitioner is directed to remove the defects within eight weeks.

Petitioner seeks regular bail in connection with Buxar ( Town ) P.S. Case No. 0745 of 2019 registered for the offence punishable under Section 25 (1-B) a / 26 / 27 / 35 of the Arms Act.

The allegation against the petitioner as per the First Information Report is that the Police party raided a house and surrounded accused persons including the petitioner and

Patna High Court CR. MISC. No.21852 of 2020(2) dt.08-07-2020 2/3 recovered arms and ammunition from the said house. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and the petitioner has been made accused along with seven other persons. Learned counsel further submits that the alleged illegal arms were not recovered from the conscious possession of the petitioner. Learned counsel also submits that similarly situated accused persons namely, Neeraj Singh @ Ram Babu & Nand Kishor Singh, Tilak Singh, Dhirendra Singh have been granted bail by this court in Cr. Misc. No. 3947 of 2020 and Cr. Misc. No. 5614 of 2020 along with other analogous cases respectively. Learned counsel also submits that petitioner is in custody since 22.10.2019.

Having regard to the submissions made by the parties and taking into consideration the fact that similarly situated accused persons have been granted bail by this court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar / concerned court in connection with Buxar Town P.S. Case No.

Patna High Court CR. MISC. No.21852 of 2020(2) dt.08-07-2020 3/3 0745 of 2019 with the following conditions :- (a) both the bailors shall be the resident of territorial jurisdiction of the learned Court below. (b) the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) the petitioner shall not leave the country without permission of the trial Court.

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

(Anil Kumar Sinha, J) praful/- U T