Pintu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33722 of 2024 Arising Out of PS. Case No.-607 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== Pintu Singh Son of Upendra Singh R/O Vill.- Rajpur, Ratanpur, P.S.- Majorganj, Dist.-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-05-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 607 of 2022 registered for the offences under Sections 25(1-b)a, 26, 29 and 35 of the Arms Act.

3. The petitioner is named in the F.I.R. and is in custody since 05.01.2024.

4. The allegation against the petitioner is to

2/4 have in possession of two empty cartridges and firearms alongwith other co-accused persons.

5. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced in the present case on the basis of disclosure/confessional statement as made by coaccused namely Sumit Kumar Sharma, who has already granted bail by this Hon'ble Court through Cr. Misc. No. 35695 of 2023 vide order dated 12.07.2023. It is further submitted that in furtherance of the said confession/disclosure no incriminating material recovered from the conscious physical possession of this petitioner. It is further submitted that petitioner found involved in the present case out of his criminal antecedents only as he found involved in twelve more criminal case, where his name appears in the maximum number of cases on the basis of disclosure as made by co-accused. It is submitted that out of local police atrocities and his criminal antecedents petitioner named with the present

3/4 case, without having any connecting evidence. While concluding the argument it is submitted that investigation has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of the facts and circumstances as mentioned above as no firearms appears to be recovered from the conscious physical possession of this petitioner who alleged to be involved on the basis of confessional statement of co-accused, coupled with the fact as petitioner is in custody since 05.01.2024, where chargesheet has already submitted, accordingly, petitioner, above named, is directed to be released on bail in connection with Sitamarhi P.S. Case No. 607 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 Chief Judicial Magistrate,

4/4 Sitamarhi/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T