Birendra Kumar Singh @ Giri @ Birendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26571 of 2020 Arising Out of PS. Case No.-77 Year-2020 Thana- BUXAR MUFFSIL District- Buxar ====================================================== BIRENDRA KUMAR SINGH @ GIRI @ BIRENDRA SINGH Son of Mandll Yadav Resident of Village- Pandey Patti, P.S.- Buxar (Muffasil), District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-10-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Buxar (Muffassil) Police Station Case No. 77 of 2020, registered for the offences punishable under Sections 25 (1AA)/26 of the Arms Act. The allegation against the petitioner is that the police raided the house of the petitioner and recovered one countrymade semi-automatic pistol along with one magazine and from the magazine, one loaded live cartridge of 7.65 MM and 04 empty cartridges of 8 MM.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.26571 of 2020(2) dt.13-10-2020 2/2 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. He further submits that the arms and ammunition have been recovered from the house of the petitioner from near his bed when no family members of the petitioner were present in the house. He further submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that the petitioner is in custody since 17.03.2020. Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner has criminal antecedents, I am not inclined to grant regular bail to the petitioner, at this stage. This application is, accordingly, dismissed.

However, the petitioner may renew his prayer for bail after six months from today, if the trial does not show any progress.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √