Arvind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29298 of 2022 Arising Out of PS. Case No.-75 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== ARVIND KUMAR SINGH SON OF RAJENDRA SINGH RESIDENT OF VILLAGE- PADUMKER , P.S- PATAHI , DIST- MOTIHARI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Motipur P.S. Case No. 75 of 2022 registered for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 27.02.2022.

The allegation against the petitioner is to have in possession of one country made loaded pistol and two empty cartridges.

Patna High Court CR. MISC. No.29298 of 2022(2) dt.14-09-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in the present case, which is apparent from the seizure list, where petitioner is being shown in possession of two empty cartridges, without any allegation/occurrence of firing. It is also submitted that recovery of alleged firm-arms cannot be said from conscious physical possession of the petitioner. It is also submitted that petitioner is involved in 3 criminal cases, which is long back as of year 1999 and 2000. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing for the State, opposes the prayer for bail.

Considering the facts and circumstances as mentioned above and also by considering the custody period coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Motipur P.S. Case No. 75 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 2nd, West Muzaffarpur/concerned court, subject to the

Patna High Court CR. MISC. No.29298 of 2022(2) dt.14-09-2022 3/3 condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T