Sikandar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27552 of 2025 Arising Out of PS. Case No.-171 Year-2024 Thana- MARANCHI District- Patna ====================================================== Sikandar Singh Son of Radharaman Singh R/o Ward No 4 Village -Jalalpur PS -Panchmahala Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Kumar Ojha, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-05-2025 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Maranchi P.S. Case No. 171 of 2024 registered on 27.11.2024 for the offences punishable under Sections 25(1-B)a, 26, 35 of the Arms Act.
3. As per the prosecution, the F.I.R. was lodged against two named accused persons, including the petitioner. According to the F.I.R., upon receiving secret information that the petitioner and other accused persons were planning to commit a dacoity, the police proceeded to the location where the suspects had assembled. Upon arrival, they observed two persons, one armed with a rifle and the other with a pistol attempting to flee upon seeing the police. During the chase, one
Patna High Court CR. MISC. No.27552 of 2025(2) dt.07-05-2025 2/3 co-accused, Binod Sahani, was apprehended along with a rifle and cartridges, while the other managed to escape. The apprehended accused disclosed the petitioner's name, who was also reportedly seen by the police at the scene.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is contended that no offence under the Arms Act can be made out in the absence of recovery of any arms from the conscious possession of the petitioner, which is entirely lacking in the present case. Although the petitioner has criminal antecedents as he is an accused in four other criminal cases, it is argued that his name has been maliciously included in the present case solely on that basis.
5. Learned Additional Public Prosecutor (APP) for the State opposes the prayer for bail and submits that the petitioner was seen by the police fleeing from the spot while holding a pistol in his hand. It is further submitted that the petitioner has criminal antecedents, being an accused in four other criminal cases.
6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today,
Patna High Court CR. MISC. No.27552 of 2025(2) dt.07-05-2025 3/3 on furnishing bail bond of ₹30000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-III, Barh, Patna, in connection with Maranchi P.S. Case No. 171 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dr. Anshuman, J) Ashwini/- U T