Umesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31668 of 2023 Arising Out of PS. Case No.-168 Year-2022 Thana- SHYAMPUR BHATHA DistrictSheohar ====================================================== UMESH SINGH Son of Late Triloki Singh Resident of village - Gaibandhi, P.S.- Fenhara, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-B)a, 26, 35 of the Arms Act.

The prosecution case, in brief, is that the informant along with police personnel reached near house of Neeraj Singh, and arrested the accused persons including the petitioner. Upon search, one country made pistol along with four live cartridges and one mobile were recovered from possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.31668 of 2023(2) dt.24-06-2023 2/2 falsely been implicated in this case. The petitioner has no concern with other co-accused persons or with the alleged arms which were seized by the police. Similarly situated co-accused namely, Niraj Singh has already been granted bail by a coordinate Bench of this Court vide order dated 29.4.2023 passed in Cr. Misc. no. 7673 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 16.9.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shyampur Bhatha P.S. Case No. 168 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheohar/ concerned Court.

(Sunil Kumar Panwar, J) Amandeep/- U T