Subhash Chandra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32590 of 2019 Arising Out of PS. Case No.-194 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== SUBHASH CHANDRA SINGH S/o Late Nandu Singh R/o Village- Patilahi, P.S.- Hajipur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. V.M.K. Sinha Mr. Manish Chandra Gandhi For the Opposite Party/s :

Mr.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2019 Supplementary Affidavit has been filed on behalf of petitioner stating therein that seized gun is licensed gun of petitioner, who was also apprehended from the so-called place of occurrence.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Saraiya P.S. Case No. 194/2019, instituted for offences under Section(s) 414, 467, 468, 471, 472, 419, 420, 171 and 120B of the Indian Penal Code read with Section 25(1-b)a of Arms Act.

It is alleged in the written report that on 29.03.2019 at about 3:10 A.M. during patrolling duty informant, S.H.O., Jaitpur O.P. received secret information that accused Mithilesh

Patna High Court CR. MISC. No.32590 of 2019(2) dt.16-05-2019 2/3 Singh had kept stolen vehicles and indulged in sale and purchase of illegal arms and used to provide shelter to criminals. On such information, informant raided the house of Mithilesh Singh and arrested four persons from his house. On query, they disclosed their name as Subhash Chandra Singh (petitioner), Aditya @ Niraj Kumar Singh, Baidyanath Mahto and Prem Shankar Singh @ Tunna Singh. It is alleged that from the possession of petitioner one gun of double barrel along with 19 live cartridges were recovered. The police recovered four vehicles and cash of Rs. 4,96,490/- at the place of occurrence. Learned counsel for the petitioner has submitted that recovery of vehicles and firearm has been made from the campus of co-accused Mithlesh Singh.

The other co-accused with similar allegation has already been granted bail by this Court in Cr. Misc. No. 31740/2019 dated 13.05.2019.

Petitioner is in custody since 30.03.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief

Patna High Court CR. MISC. No.32590 of 2019(2) dt.16-05-2019 3/3 Judicial Magistrate 1st , (West), Muzaffarpur, in connection with Saraiya P.S. Case No. 194/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T