Shankar Singh @ Shankar Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43021 of 2024 Arising Out of PS. Case No.-143 Year-2024 Thana- BARHARA District- Bhojpur ====================================================== Shankar Singh @ Shankar Kumar Singh Son of Raju Singh R/O- VillagePrariya, P.S.- Barhar, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Barhara P.S. Case No.143 of 2024 instituted under Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. As per prosecution case, on the alleged date of occurrence, the informant with armed forces were checking the vehicles and meanwhile three persons were seen coming on a motorcycle. When the accused persons were directed to stop, they fell down from the motorcycle and started running. During chase, one accused was apprehended with a country made pistol, who disclosed his name as Ajay Singh @ Chhote Lal Singh and two other accused persons managed to escape. The apprehended accused disclosed the names of other two accused
Patna High Court CR. MISC. No.43021 of 2024(2) dt.20-07-2024 2/3 persons, namely, Akhilesh Yadav and Shankar Singh (petitioner). The police seized the motorcycle as well as the country made pistol.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The seized motorcycle was taken by co-accused Chhote Lal Singh for the purpose of bringing medicine but on the way, he was caught by the police. The petitioner was neither present on the spot nor he has any concern with the recovered arms from the apprehended accused. Except disclosure made by coaccused, there is nothing material against the petitioner. The petitioner has no criminal antecedent and he undertakes to cooperate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner 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 learned C.J.M., Bhojpur at Ara in connection with Barhara P.S. Case No.143 of 2024,
Patna High Court CR. MISC. No.43021 of 2024(2) dt.20-07-2024 3/3 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Harish/- U T