Manjit Singh @ Manjit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32512 of 2016 Arising Out of PS.Case No. -17 Year- 2016 Thana -BARUN District- AURANGABAD ====================================================== Manjit Singh @ Manjit Kumar Singh, son of Sunil Singh, resident of Village - Dangwar Nawadih, P.S. Hussainabad, District Palamu (Jharkhand) .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance:
For the Petitioner/s : Mr. Bhola Prasad, Adv. : Mr. Ashok Kumar No.6, Adv.
For the Opposite Party/s : Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking regular bail in connection with Barun P.S. Case No.17 of 2016, registered for the offence punishable under Sections 25(1-b) a, 26, 27 and 35 of the Arms Act.
As per the allegation, the Police upon an information that robbery has been committed in the premises of at Bharat Patrol Pump reached to the place of occurrence, there one Sunil Ram was laying unconscious position, who was assaulted by rod. It was informed that other criminals have managed to escape and Sunil Ram was caught hold by the villagers. From the possession of said Sunil Ram one country
Patna High Court Cr.Misc. No.32512 of 2016 (2) dt.19-08-2016 2/3 made pistol and two live cartridges including an amount of Rs.8, 8000/- were recovered. During interrogation, Sunil Kumar has taken the name of Manjit Singh-present petitioner, Chhotu Ram and Awadh Ram, which led to institution of two cases i.e. Barun P.S. Case No.17 of 2016 for the offence punishable under Section 25(1-b) a, 26, 27 and 35 of the Arms Act and Barun P.S. Case No.16 of 2016 registered for the offence punishable under Section 394/411 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has been granted bail in connection with Barun P.S. Case No.16 of 2016 and from his possession no country made pistol was recovered, rather allegation has been made that other accused persons have fled away from the place of occurrence.
As the petitioner has been granted bail in another case arising from the same incident and from his possession no arm has been recovered, let the petitioner-Manjit Singh @ Manjit Kumar Singh be released on bail on furnishing bail bonds of Rs.10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Barun P.S. Case No.
Patna High Court Cr.Misc. No.32512 of 2016 (2) dt.19-08-2016 3/3 petitioner i.e. mother/father/ wife/son of the petitioner;
(ii) if the petitioner is found involved in similar type of case in future, the prosecution will be at liberty to make prayer for cancellation of his bail and the Court below will pass necessary order, including cancellation of bail;
(iii) that the petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates without reasonable explanation, the court below will be at liberty to cancel the bail bonds of the petitioner and;
(iv) that the petitioner shall mark his presence before the nearest police station by 7th of every month till six months.
(Shivaji Pandey, J) pawan/- U T