Santosh Kumar Singh @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29443 of 2020 Arising Out of PS. Case No.-21 Year-2020 Thana- BHADAUR District- Patna ====================================================== SANTOSH KUMAR SINGH @ MUNNA Son of Sri Banaras Singh Resident of Village - Bakawan, P.S.- Bhadaur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajkumar Rajesh, Advocate.

For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-11-2020 This matter has been taken up in virtual Court. Let the defects be removed within 15 days of the start of the physical Court.

Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 25(1-B)a/26/35 of the Arms Act.

A pistol and cartridges were recovered from the house of the petitioner.

Learned counsel for the petitioner submits that the recovery is not from the conscious possession of the petitioner. The house is occupied by other family members also. There is non-compliance of mandate of Section 100 Cr.P.C. in the matter of search and seizure. Petitioner is in custody since 21.02.2020.

Patna High Court CR. MISC. No.29443 of 2020(2) dt.09-11-2020 2/2 Investigation of the case is already complete. Considering the entire facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bhadaur P.S. Case No. 21 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T