Anil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.66767 of 2018 Arising Out of PS. Case No.-11 Year-2018 Thana- SAMHO DistrictBegusarai ====================================================== Anil Singh, Son of Late Basuki Singh, Resident of Village- Purani Dih, P.S.- Shambho, District- Begusarai.
... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ram Sumiran Rai, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 25(1-b) a, 26 and 35 of the Arms Act registered in connection with Shamho P.S. Case No. 11 of 2018.
3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of one country made pistol from the bhusa ghar of the house belonging to the petitioner. It is submitted that neither the petitioner nor his family members was available in the house at the time of seizure. The seizure list has been witnessed by none other than the police personnel and not by any independent person.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six
Patna High Court Cr.Misc. No.66767 of 2018(2) dt.03-01-2019 2/2 weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Begusarai in connection with Shamho P.S. Case No. 11 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Ibrar/- U U