Gauri Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.3978 of 2017 (2) dt.17-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3978 of 2017 Arising Out of PS.Case No. -119 Year- 2016 Thana -ROHTAS District- SASARAM (ROHTAS) ====================================================== Gauri Singh, Son of Late Chhattu Singh, Resident of village Samhuta, P.S. + District Rohtas, (Bihar).

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Rohtas P.S. Case No. 119 of 2016 registered for the offences punishable under Sections 25(1-b)A, 26/35 of the Arms Act. Allegedly, three persons were apprehended namely, Rajesh Kumar Gupta, Kangreshee Singh and Vijendra Ram @ Techun. Rajesh Kumar Gupta told the informant that the recovered arms was given to the petitioner for keeping safely and Kangreshee Singh obtained the said arms from Gauri Singh. Submission is of false implication and that the petitioner has not been apprehended at the spot, nothing has been recovered either from his conscious possession or from his house and only on the basis of the statement of co-accused he is apprehending his arrest. For the recovered arms three persons have already been

Patna High Court Cr.Misc. No.3978 of 2017 (2) dt.17-02-2017 apprehended and on their confession the petitioner is being searched. The petitioner has been named due to election rivalry and as such the petitioner deserves sympathetic consideration. Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, considering that the name of the petitioner was taken by co-accused before Police, the petitioner above named, in case of his surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Kavindra Kumar, J. M. Ist Class, Dehri in connection with Rohtas P.S. Case No. 119 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T