Tribhuwan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49001 of 2021 Arising Out of PS. Case No.-424 Year-2020 Thana- RIVILGANJ District- Saran ====================================================== TRIBHUWAN SINGH SON OF HARIHAR SINGH R/O - SAMSUDINPUR, WARD NO.7, P.S.- RIVILGANJ, DISTRICT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar, Adv.

For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-12-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

A supplementary affidavit, carrying out necessary correction in the main application, has been filed on behalf of the petitioner, which forms part of this application. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Rivilganj P.S. Case No. 424 of 2020 registered for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act. One loaded country made pistol is alleged to have been recovered from the possession of one Jag Nagarayan Singh, who was said to be in association with the petitioner.

Patna High Court CR. MISC. No.49001 of 2021(2) dt.22-12-2021 2/3 Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. In fact, nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made from co-accused, Jag Narayan Singh, who is said to have been arrested on the spot, which is evident from the F.I.R. itself. Therefor, no case attracting the Arms Act is made out against the petitioner. The petitioner is rotting in judicial custody since 27.06.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries four more cases other than the present one.

Considering the facts and circumstances of the case, let the, above named, 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 J.M.-1st, Class, Chapra at Saran in connection with Rivilganj P.S. Case No.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the

Patna High Court CR. MISC. No.49001 of 2021(2) dt.22-12-2021 3/3 Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T