Sahil Singh @ Rajan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40004 of 2022 Arising Out of PS. Case No.-191 Year-2022 Thana- BUXAR MUFFSIL District- Buxar ====================================================== SAHIL SINGH @ RAJAN SINGH S/o- Haridwar Singh R/o Village - Mahepur, P.S.- Kararda, District - Ghazipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

Mr.Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-11-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Buxar (Muffasil) P.S. Case No. 191 of 2022 registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

As per prosecution case, one pistol alongwith three live cartridges and one mobile have been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner is in custody since 09.05.2022 and bears no criminal

Patna High Court CR. MISC. No.40004 of 2022(2) dt.15-11-2022 2/3 antecedent. He further submits that petitioner is quite innocent and has committed no offence and he has falsely been implicated in this case by the police. Seizure list has not been made as per law. He further submits that charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, as submitted, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (Muffasil) P.S. Case No. 191 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

Patna High Court CR. MISC. No.40004 of 2022(2) dt.15-11-2022 3/3 (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) shahzad/- U T