Gyanendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32640 of 2020 Arising Out of PS. Case No.-188 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== GYANENDRA SINGH S/o Late Dinanath Singh R/o village- Shital Dauni, P.S.- Basdih Road, District- Ballia (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nil Kamal, Adv.

For the Opposite Party/s :

Mr. Surendra Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Since the physical court proceeding is non-functional, due to present pandemic COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertake to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 25 (1-b)a, 26, 35 of the Arms Act.

Recovery of fire arms and catridges is alleged from a

Patna High Court CR. MISC. No.32640 of 2020(2) dt.11-12-2020 2/2 bag inside the room of the hotel. In that room, six persons were there including the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The recovery is alleged to be from the back bag and not from the conscious possession of the petitioner. The petitioner has been arrested merely on the basis of suspicion. He submits that similarly situated co-accused has been granted privilege of bail by coordinate Bench of this Court in Cr. Misc. No. 29542 of 2020 on 11.11.2020. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 25.03.2020. In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad Police Station Case No. 188 of 2020.

(Anjani Kumar Sharan, J) devendra/- U