Shashibhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37701 of 2022 Arising Out of PS. Case No.-271 Year-2020 Thana- SHAMBHUGANJ District- Banka ====================================================== Shashibhushan Singh S/O Chitranjan Kumar Singh @ Late Chitranjan Pd. Resident of village- Garhi Mohanpur, P.S.- Shambhuganj, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-09-2022 Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Shambhuganj P.S. Case No. 271 of 2020 lodged under Sections 25(1-b)a/26 of the Arms Act.

As per the prosecution case, the recovery of country made katta along with 1 live cartridge and 2 empty shell were alleged to be recovered from the possession of the petitioner. Learned counsel for the petitioner submits that petitioner is in custody since 21.09.2020, charge sheet has already been filed in this case. There is one criminal case pending against him in which he is on bail. He submits that he is

Patna High Court CR. MISC. No.37701 of 2022(2) dt.23-09-2022 2/3 ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateIV, Banka/Successor Court Banka in connection with Shambhuganj P.S. Case No. 271 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of

Patna High Court CR. MISC. No.37701 of 2022(2) dt.23-09-2022 3/3 furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T