Fulel Singh @ Indramani Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29669 of 2020 Arising Out of PS. Case No.-65 Year-2020 Thana- CHANDI District- Bhojpur ====================================================== FULEL SINGH @ INDRAMANI SINGH Son of Om Prakash Singh Resident of Village - Rampur, P.S.- Chandi, Dist.- Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered under Sections 25(1-B)a/26/35 of the Arms Act. Allegedly, one country-made pistol, one rifle and 26 live cartridges are recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.29669 of 2020(2) dt.10-12-2020 2/2 petitioner. The petitioner has been falsely implicated in the present case. One country-made pistol, one rifle and 26 live cartridges are alleged to have been recovered from joint house of the petitioner. The petitioner has no concern with the alleged incident. There is no recovery of any incriminating article from possession of the petitioner. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-12th/concerned court, Bhojpur at Ara in connection with Chandi P.S. Case No. 65 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T