Satyendra Singh @ Micky Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33798 of 2022 Arising Out of PS. Case No.-350 Year-2021 Thana- DEEPNAGAR District- Nalanda ====================================================== Satyendra Singh @ Micky Singh Son of Viresh Singh @ Naresh Singh Resident of Village - Alaudiya, P.S.- Manpur, Distt.- Nalanda. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Md.Imteyaz Ahmad, Advocate.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard Md. Imteyas Ahmad, learned counsel for the petitioner and Mr. Jagdhar Prasad, learned APP for the State. Petitioner seeks regular bail in connection with Deepnagar P.S. case no. 350 of 2021 registered for the offences punishable under Sections, 399, 402, 420 and 34 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. Allegedly, the police got the information that accused persons had gathered at some place to make preparation to commit dacoity and thereafter the police raided the said place and apprehended the accused persons including the petitioner and from possession of this petitioner loaded country-made

Patna High Court CR. MISC. No.33798 of 2022(2) dt.08-09-2022 2/3 pistol and mobile phone were recovered and from the possession of accused Arjun Pandit some material suspected to be Uranium was recovered and from possession of other accused persons mobile phones, etc were recovered. The main submissions advanced by Md. Imteyaz Ahmad, learned counsel for the petitioner are that petitioner has been languishing in jail since 06.10.2021, he has been chargesheeted and in the FIR the allegation of cheating as well as preparation of dacoity by the accused persons have been made but in the same time such offences can not be committed and the alleged mobile phone which is stated to have been recovered from the possession of this petitioner belongs to the petitioner and the alleged Uranium like substance was not found to be hazardous substance as per the chemical analysis report. Mr. Jagdhar Prasad learned APP has opposed the prayer for bail.

Heard both the sides and perused the FIR and the seizure list. Against the petitioner there is criminal antecedent of eight cases and among the said cases several cases relate to the Arms Act and in the instant matter a loaded country made pistol was allegedly recovered from the possession of this petitioner and the prosecution has made the allegation that the accused

Patna High Court CR. MISC. No.33798 of 2022(2) dt.08-09-2022 3/3 persons including the petitioner gathered at the alleged place to make preparation to commit offence of dacoity. The said recovery of the alleged fire arm from the possession of this petitioner and the criminal antecedents of this petitioner go in favour of the prosecution's allegation. Considering these facts the petitioner does not deserve to the privilege of bail. Accordingly, his prayer for bail stands rejected. The trial Court is directed to expedite the trial of the petitioner and take steps to conclude the trial at the earliest, if the petitioner's trial is not concluded in the next one year then the petitioner may renew his bail prayer.

(Shailendra Singh, J) siddharthkr/- U T