Vikash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34346 of 2020 Arising Out of PS. Case No.-226 Year-2020 Thana- KHAIRA District- Jamui ====================================================== Vikash Singh, Male, aged about 37 years, Son of Shambhu Sharan Singh, Resident of Village- Fatehpur, P.S.- Khaira, District- Jamui. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhav Raj, Advocate For the Opposite Party/s :

Mrs. Gulnaz Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2021 Heard Mr. Madhav Raj, the learned counsel appearing on behalf of the petitioner and Mrs. Gulnaz Begum, the learned Additional P.P.

Learned counsel for the petitioner seeks permission to make correction in para 1 of the bail petition. It is submitted that due to inadvertence, instead of Arms Act, Indian Penal Code has been written.

Prayer is allowed.

Learned counsel for the petitioner is permitted to make correction in the first paragraph of the bail petition. The petitioner seeks bail in Khaira P.S. Case No.226 of 2020, registered under Sections 25(1-b)(a)/26 of the Arms Act.

The informant, a police officer, alleged that he was making raid to arrest the accused of Khaira P.S. Case No.156 of 2020, one person tried to flee away but he was apprehended. The apprehended accused disclosed his name as Vikash Singh. On search one loaded country made pistol and two live

Patna High Court CR. MISC. No.34346 of 2020(2) dt.12-01-2021 2/2 cartridges were recovered from possession of the petitioner, Vikash Singh.

Learned counsel for the petitioner submits that the petitioner is innocent. The petitioner has falsely been implicated in the case only because the police officials are having malice and grudge against the petitioner. The petitioner is not fulfilling the illegal demand of the police officers. It is further submitted that it is not believable that a person while sleeping in his house has kept his revolver in his waist but it appears that the petitioner is indulged in illegal mining of sand and there are three cases pending against the petitioner, all of the similar nature. It appears that the petitioner has remained in jail for seven months for recovery of one country made pistol and two live cartridges.

Considering the period of incarceration of the petitioner in custody for seven months, petitioner, namely, Vikash Singh is directed to be enlarged 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 Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No.226 of 2020.

(Prabhat Kumar Jha, J) S.KUMAR/- U T