Gulab Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33508 of 2021 Arising Out of PS. Case No.-484 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== Gulab Singh S/O- Late Lulan Singh @ Lalan Sharma Resident of Village - Chesi, P.S. - Naubatpur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

04-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Naubatpur P.S. Case No. 484 of 2019 (G.R. No. 2700 of 2019), registered for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act. As per prosecution case, one loaded country-made pistol with five live cartridges were recovered from the house of the petitioner.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. The recovery has been made from the house, which is in joint possession of the family. It is further submitted that though, petitioner has got criminal antecedent and he is accused in four more criminal cases, but it is orally submitted that in all the cases, petitioner is on bail. Petitioner is in custody since 22.07.2019. Investigation is complete.

Patna High Court CR. MISC. No.33508 of 2021(2) dt.04-09-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Additional Chief Judicial Magistrate - II, Danapur (Patna) in connection with Naubatpur P.S. Case No. 484 of 2019 (G.R. No. 2700 of 2019), on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T