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Patna High CourtCR. MISC./43892/2021bail granted

Pintu Singh v. The State Of Bihar

2022-02-04Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43892 of 2021 Arising Out of PS. Case No.-253 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== PINTU SINGH S/o Late Mdan Singh Resident of Village- Ekrha, P.S.- Chabra, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Gautam For the Opposite Party/s :

Ms.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-02-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Begusarai Mufassil (Singhaul) Police Station Case No. 253 of 2019, registered for the offences punishable under Sections 25 (1-B)/26 (2)/35 30 (a) of the Arms Act.

The prosecution case, as per the First Information Report, is that a country-made loaded pistol and five cartridges have been recovered from the possession of the petitioner. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and at the time of search, the procedure prescribed for search and seizure under the provisions of the Code of Criminal Procedure has not been

Patna High Court CR. MISC. No.43892 of 2021(2) dt.04-02-2022 2/2 followed. He further submits that the petitioner is in custody since 24.05.2019 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that charge sheet has already been submitted and the petitioner is in custody since 24.05.2019, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai Mufassil (Singhaul) Police Station Case No. 253 of 2019.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √