Patna High CourtCR. MISC./25330/2020bail granted

Nishant Singh v. The State Of Bihar

2020-09-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25330 of 2020 Arising Out of PS. Case No.-21 Year-2020 Thana- MAHESHKHUNT District- Khagaria ====================================================== NISHANT SINGH S/o Late Vinay Singh Resident of Village-Patla, Police Station-Maheshkhunt, District-Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 307/34 of I.P.C. and Sections 25(1-b)a, 26, 27, 35 of the Arms Act.

Prosecution case, in short, is that one loaded country made pistol along with three empty cartridges is recovered.

Patna High Court CR. MISC. No.25330 of 2020(2) dt.28-09-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.05.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. None is said to have been injured in course of occurrence. It is alleged that one loaded country made pistol along with three empty cartridges is recovered. There is no compliance of Section 100 of Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Ankita Jaiswal, Judicial Magistrate, 1st class, Khagaria in connection with Maheshkhunt P.S. case No.21 of 2020.

(Sudhir Singh, J) Narendra/- U T