Binda Awadhia @ Binda Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23965 of 2015 Arising Out of PS.Case No. -316 Year- 2014 Thana -GOPALGANJ CITY District- GOPALGANJ ====================================================== Binda Awadhia @ Binda Singh S/o Late Ambika Singh Resident of Village Naya Tola Rajokhar, P.S. Gopalganj, District Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Mr. Uday Pratap Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 25(1-B)A, 26 and 35 of Arms Act.

The prosecution case in, brief, is that on 26.07.2014 at 7 P.M. the informant, who happens to be the S.H.O., Gopalganj (Town) P.S. received confidential information that the dreaded criminal Binda Awadhiya has come to his house and was sitting together 4-5 miscreants at PULIYA. Accordingly, the informant along with police party came at P.O. where noticing the police, the miscreants started indiscriminate firings upon the police party and started fleeing away. On chase, petitioner and coaccused Guddu Kumar were caught. On search arms and

Patna High Court Cr.Misc. No.23965 of 2015 (2) dt.06-07-2015 2/2 ammunitions were recovered from the possession of the petitioner as per seizure list and a seizure list thereof was prepared and petitioner was also arrested.

It has been submitted on behalf of the petitioner that from the possession of the petitioner a country made loaded pistol and three live cartridges have been recovered. It is further submitted that the petitioner has falsely been implicated in the present case. The petitioner is in custody since 27.07.2014. It is submitted that the petitioner may be released after completion of fifteen months in custody.

On behalf of the State it has been submitted that the petitioner is named in the FIR and he is an accused in as many as ten cases.

Considering the facts aforesaid, the above named petitioner is directed to be released on bail, after completion of fifteen months in custody from 27.07.2014, 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.,Gopalganj in Gopalganj Nagar P.S.Case No. 316 of 2014.

(Sudhir Singh, J) singh/- U T